ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  8 February 2019  

	DOCKET NUMBER:  AR20160015901


APPLICANT REQUESTS: correction of his expiration of term of service (ETS) (also 
known as the separation date) from active duty to show a different date. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DA Form 3340-R (Request for Reenlistment or Extension in the Regular Army), 
dated 28 June 2012
*	A document labeled "Emilpo" showing a screen print of a reenlistment window

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states his military time was extended and his ETS date changed from 
28 April 2012 to 28 June 2012 and he was told this would be corrected on his DD Form 
214.         

3.  The applicant enlisted in the Regular Army on 22 March 2006.  He executed an 
immediate reenlistment on 29 March 2008 for a period of 4 years; thereby, establishing 
a new ETS date of 28 March 2012.  

4.  A review of his record reveals the following:  

    a.  A DD Form 214 (Certificate of Release or Discharge from Active Duty), for the 
period ending 28 March 2012, with the word "VOID" spelled across it.  This is the only 
DD Form 214 in his record.  The DD Form 214 shows the following entries:

          (1)  Item 12a (Date Entered Active Duty (AD) This Period), the entry  
"2006 03 22"

          (2)  Item 12b (Separation Date This Period), the entry "2012 03 28"
          (3)  Item 12c (Net Active Service This Period), the entry "0006 00 07"

	b.  The DD Form 214 is accompanied by a memorandum from the Chief, Military 
Personnel Division, Fort Bragg, NC, dated 8 August 2012 requesting his DD Form 214 
be voided due to the applicant being authorized to remain on active duty due to medical 
reasons.       

     c.  A memorandum, dated 23 April 2012 from his unit's brigade surgeon shows that 
while in conjunction with out-processing the Army, the applicant sustained physical 
injuries that required hospitalization on or about 3 March 2012.  This memorandum 
requested his ETS date be extended to 28 June 2012 due to ongoing complications 
from his injuries he suffered while on terminal leave. 

     d.  A request for reenlistment or extension and an Oath of Extension of Enlistment, 
dated 28 June 2012 established the applicant a new ETS date of 28 July 2012.  This 
document further noted it was in the best interest of the service.  

     e.  Orders 214-0280, dated 1 August 2012 released him from active duty effective  
28 July 2012 and assigned him to the United States Army Reserve (USAR) Control 
Group (Reinforcement). 

     f.  Orders D-03-404506, dated 4 March 2014 honorably released him from the USAR 
effective 4 March 2014.     

5.  The applicant provides a document labeled "Emilpo" showing a screen print of a 
reenlistment window that shows his new ETS as 28 June 2012 and the reason for 
change was noted as "a delay in separation, medical reasons."

6.  Army Regulation 635-5 (Separation Document), dated 15 September 2000, directs 
the preparation of the DD Form 214 for an Active Army Soldier and summaries their 
most recent period of continuous active duty including entries showing the separation 
date, net active service, and any remarks for the period of service at the time of release 
from active duty.  

BOARD DISCUSSION:

The Board considered the applicant’s request with all supporting documents, evidence 
in the service record and applicable policies and guidance.  The preponderance of 
evidence shows the applicant’s new ETS date of 28 July 2012 was established due to 
the best interest of the service.  Orders 214-0280, dated 1 August 2012 released the 
applicant from active duty effective 28 July 2012 and assigned him to the United States 
Army Reserve Control Group (Reinforcement).  The Board finds the expiration of term 
of service from active duty should be corrected to reflect 28 July 2012.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

 X 			 X                  X         GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 issuing him a new  
DD Form 214, based off the "Voided" DD Form 214 for the period ending 28 March 
2012, except for the following entries by:

     a.  replacing the entry in item 12b with the entry "2012 07 28;"

     b.  replacing the entry in item 12c with the entry "0006 04 28;" and

     c.  adding in item 18 the following statement:  "EXTENSION OF SERVICE WAS AT 
THE REQUEST AND FOR THE CONVENIENCE OF THE GOVERNMENT."

	  
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.

ADMINISTRATIVE NOTE(S):  Not Applicable


REFERENCES: 

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three years after discovery of the alleged error or injustice.  
This provision of law also allows the Army Board for Correction of Military Records 
(ABCMR) to excuse an applicant's failure to timely file within the three-year statute of 
limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 635-5 (Separations Documents), dated 15 September 2000, 
prescribed the separation documents prepared for Soldiers upon retirement, discharge, 
or release from active military service or control of the Army.  It established 
standardized policy for the preparation of the DD Form 214.  It stated the DD Form 214 
is a synopsis of the Soldier's most recent period of continuous active service.  It 
provides a brief, clear-cut record of active Army service at the time of release from 
active duty, retirement, or discharge.  The instructions stated for:  

     a.  Item 12a the preparer should enter the beginning date of the enlistment period or 
tour of AD (active duty) for which a DD Form 214 was not previously issued and the 
separation date this period.

     b.  Item 12b the preparer should enter the transition date.  This date may not be the 
contractual date if Soldier is separated early, voluntarily extends, or is extended for 
make up time of lost time, or retained on active duty or the convenience of the 
Government. 

     c.  Item 18 the preparer should enter any mandatory requirements or as a 
continuation for entries.  For a Soldier who has his or her period of service extended (as 
evidenced by the extension reading "for the best interest of the service"), enter 
"EXTENSION OF SERVICE WAS AT THE REQUEST AND FOR THE CONVENIENCE
OF THE GOVERNMENT."

ABCMR Record of Proceedings (cont)	 AR20160015901

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