IN THE CASE OF: BOARD DATE: 24 November 2015 DOCKET NUMBER: AR20150004955 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of Orders C-07-190652, dated 21 July 2011, and the resultant DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his release from active duty (REFRAD) date as 6 December 2011 vice 1 September 2011. 2. The applicant states his orders established his original date of REFRAD as 1 September 2011. However, his command erroneously kept him on active duty until 6 December 2011. Therefore, his REFRAD orders should have been amended to reflect 6 December 2011. The REFRAD orders were published prior to his 3-month extension in the U.S. Army Reserve (USAR). This error affects his retirement benefits. 3. The applicant provides: * August and September 2011 Leave and Earnings Statements * DA Form 4836 (Oath of Extension of Enlistment/Reenlistment) * Orders C-07-190652 * DD Form 214, ending on 1 September 2011 CONSIDERATION OF EVIDENCE: 1. The applicant's records show he was born in November 1969. Having had prior active duty service (February 1992 to June 1999), he enlisted in the Regular Army on 5 October 1999. He held military occupational specialty (MOS) 91J (Medical Logistics Specialist). 2. He was honorably discharged from active duty on 4 October 2002 by reason of having completed his required service. He was issued a DD Form 214 that captured his active service. 3. He enlisted in the USAR for 3 years on 5 October 1999. He completed training for award of MOS 91J (Physical Therapy Specialist) (this MOS had been renamed) and he was assigned to the 427th Medical Battalion. His expiration term of service (ETS) date was 4 October 2002. 4. He executed a 6-year reenlistment on 8 July 2002. He then executed a 2-year and 6-month extension on 9 June 2008 and a 2-month extension on 22 July 2008. His ETS date established as 7 September 2011. 5. He entered active duty in an Active Guard Reserve (AGR) status on 1 September 2008 for a period of 3 years. He was assigned to Company A, 364th Combat Support Hospital, Monterey, CA. 6. On 12 July 2009, he accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice. He was reduced to sergeant (SGT)/E-5. 7. On 14 October 2010, the U.S. Army Human Resources Command (HRC) published Orders C-10-014673 ordering his attachment to Presidio of Monterey for separation processing with a scheduled separation date of 22 October 2010. 8. On 22 October 2010, HRC published Orders C-10-014673A01 amending his scheduled separation date from 14 October 2010 to 3 December 2010. On the same date, HRC published Orders C-10-014673A02 amending his scheduled separation date from 3 December to 2 December 2010. 9. He was discharged from active duty on 2 December 2010 in accordance with chapter 14 of Army Regulation 635-200 (Personnel Separations) by reason of pattern of misconduct with an under honorable conditions (general) discharge. 10. On 18 November 2010, HRC published Orders C-10-014673R revoking Orders C-10-014673, dated 14 October 2010. The applicant remained in the AGR program. 11. On 21 July 2011, HRC published Orders C-07-110413 reattaching him to Presidio of Monterey for separation processing with a scheduled dated of separation as 1 September 2011. 12. Also on 21 July 2011, HRC published Orders C-07-190652 (contested orders) ordering his release from active duty effective 1 September 2011 and reassignment to the USAR Control Group (Reinforcement). 13. On 30 August 2011, he executed a 3-month extension in the USAR. He provides a DA Form 4836 that shows he executed a 3-month extension under Rule M, Table 3-1 of Army Regulation 140-111 (U.S. Army Reserve Reenlistment Program). Rule M applies to a Soldier who is not eligible for reenlistment for reasons cited in this regulation or other directives; however, the disqualification is under adjudication pending a final determination, or may be waivable, and it is apparent the Soldier’s ETS will occur before adjudication or waiver processing can be finalized. The Soldier may be extended not to exceed 3 months. 14. He was honorably REFRAD on 30 September 2011 in accordance with chapter 4 of Army Regulation 635-200 by reason of having completed his required active service. His DD Form 214 for this period of service shows in: * Item 12a (Date Entered Active Duty (AD) This Period) - 2008-09-01 * Item 12b (Separation Date This Period) - 2011-09-01 * Item 12c (Net Active Service This Period) - 003-00-01 15. On 1 October 2011, he executed a 3-year reenlistment in the USAR. Following that, on 3 November 2011, HRC issued him a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter). 16. He provides his August 2011 and September 2011 LES, both showing he received active duty pay during those 2 months. 17. His current AHRC Form 249-E (Chronological Statement of Retirement Points) shows he earned 365 active duty points from 20101002-20111001 and 87 active duty points from 20111002-20121201. Additionally, a breakdown of his Retirement Point Summary-Retirement Points Detail shows he was on active duty from 2 October 2011 to 6 December 2012. 18. On 6 February 2015, an official issued the applicant a corrected DD Form 214 that reflects his REFRAD date of 6 December 2011 and the following entries: * Item 12a - 2008-09-01 * Item 12b - 2011-12-06 * Item 12c - 0003-03-06 DISCUSSION AND CONCLUSIONS: 1. The applicant was ordered to active duty in the AGR program on 1 September 2008 for a period of 3 years. During this period he committed misconduct. As a result, his chain of command appears to have initiated separation action against him with an effective date of released from active duty of 2 December 2010. However, despite the issuance of a DD Form 214 effective 2 December 2010, the applicant's separation appears to have been halted and he was allowed to remain on active duty and continue his AGR tour. 2. Before his AGR tour ended on 1 September 2011, the applicant executed a 3 month extension in the USAR, under Rule M of Table 3-1 of Army Regulation 140-111. This was not an extension on active duty. Because he was ineligible for reenlistment and because his ETS appears to have occurred before a waiver could be processed for his reenlistment, he was allowed to extend in the USAR. 3. Other evidence in his record shows he remained on active duty through 6 December 2011. A breakdown of his Retirement Point Summary-Retirement Points Detail shows he was on active duty from 2 October 2011 to 6 December 2012. His reissued DD Form 214 adjusted his separation date to 6 December 2011. 4. His REFRAD orders should have been adjusted to show his REFRAD date as 6 December 2011 instead of 1 September 2011. BOARD VOTE: ___x____ ___x____ ____x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Orders C-07-190652, issued by HRC on 21 July 2011 to show his effective date of release from active duty as 6 December 2011. ____________x_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20150004955 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004955 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1