ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  1 August 2019

	DOCKET NUMBER:  AR20170013230


APPLICANT REQUESTS:  reconsideration of his previous request to recoup 59 days of 
lost leave and add an expiration of term of service (ETS) award to his DD Form 214 
(Certificate of Release or Discharge from Active duty), correct ETS date to show 25 May 
2013, and correct date of rank (DOR) to show 9 February 2013.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DA Form 4856 ( Developmental Counseling Form)
*	DD Form 2648 (Preparation Counseling Checklist)
*	Health Record
*	DA Form 31 (Request and Authority for Leave)
*	Defense Finance and Accounting Service Military Leave and Earnings Statement
*	Discharge Orders
*	self-authored statement

FACTS:

1.  Incorporated herein by reference are military records which were summarized in the 
previous consideration of the applicant's case by the Army Board for Correction of 
Military Records (ABCMR) in Docket Number AR20150004078 on 5 May 2016.

2.  The applicant states he was refused monthly counseling the last sixteen months of 
service.  When it was time to submit his transition packet, his platoon refuse to submit 
the packet.  He had 119 days of transition leave.

3.  The applicant provides:

	a.  Three approved DA Forms 31 (Request and Authority for Leave) for transition 
leave, showing his accrued and requested days.  All three leave forms shows the 
applicant’s rank as SPC.

	b.  A copy of his Leave and Earnings Statement (LES) for the period of 1 May 
through 31 May 2013, which shows his grade as SPC/E4 and an ETS date of              
19 October 2013.  

	c.  Two DD Forms 2648.  The applicant states his unit lost his DD Form 2648 in 
May, which is needed in order to complete the transition leave packet.  Instead of 
allowing him to turn in his original copy that was turned in earlier and dated 1 February 
2013, he was made to get another one.  That copy was signed on 10 May 2013.

	d.  Discharge Orders 289-0265, dated 16 October 2013 issued by the U.S Army 
Installation Management Command, Headquarters, U. S. Army Garrison, Fort Bragg, 
NC.  The orders show the applicant’s rank as Private with a discharge date of 
24 October 2013.

	e.  A five page self-authored statement justifying why he feels his records contain 
errors/injustice.

4.  A review of the applicant’s service record shows: 

	a.  He enlisted in the Regular Army on 9 October 2003 and reenlisted on 20 October 
2007.

	b.  He served in Afghanistan from 30 June 2009 through 16 February 2010 and 
again from 1 December 2011 through 2 September 2012.

	c.  His service record is void of the complete facts and circumstances surrounding 
his request for recoupment of lost leave and why he was reduced in rank from 
Specialist/E4 to Private/E1.

	d.  However, discharge Orders Number 289-0265, dated 16 October 2013 issued by 
the U.S Army Installation Management command, headquarters, U. S. Army Garrison, 
Fort Bragg, Fort Bragg, NC shows the applicant’s rank as Private/E-1.  It also shows his 
discharge date as 24 October 2013.

	e.  With respect to the applicant’s request to add his Certificate of Achievement 
(COA) to his DD Form 214, the COA is not an authorized award for annotation on the 
DD Form 214.  By regulation, only awards authorized by AR 600-8-22 (Military Awards) 
are entered in item 13 of the DD Form 214.  

     f.  His DD Form 214 shows he was honorably discharged on 24 October 2013 and 
the narrative reason for separation is completion of required active service in the  
rank/grade of PVT/E-1 with a date of rank of 13 September 2013.
   
     g.  He completed 10 years and 11 days of net active service with 5 days of lost time.  
It also shows he was awarded or authorized the:
*	Afghanistan Campaign medal W/2 campaign stars
*	Army Achievement Medal 3rd Award
*	Army Good Conduct Medal 2nd Award
*	National Defense Service medal
*	Global War on Terrorism Service Medal
*	Korean Defense Service Medal
*	Non Commissioned Officer Professional Development Ribbon
*	Army Service Ribbon
*	NATO Medal
	
5.  The applicant's record is void of evidence indicating he applied to the Army 
Discharge Review Board for an upgrade of his discharge within that board’s 15 year 
statute of limitations.

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy 
for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the 
preparation of the DD Form 214 and states that items 4a and 4b show the active duty 
grade or rank and pay grade at time of separation and are obtained from the Soldier's 
records (promotion or reduction orders).

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that 
relief was not warranted.  Based upon the documentary evidence provided by the 
applicant and found within the military service record, as well as the regulatory guidance 
on the requested relief, the Board concluded that there was insufficient evidence of any 
error or injustice related to the relief sought by the applicant.  

BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

X	X	X	DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or 
injustice.  Therefore, the Board determined the overall merits of this case are insufficient 
as a basis for correction of the records of the individual concerned.
	  
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.



REFERENCES:

1.  Title 37, U.S. Code, section 501(b)(3) states payment may not be made to a member 
for any leave he elects to have carried over to a new enlistment in any uniformed 
service on the day after the date of his discharge; but payment may be made to a 
member for any leave he elects not to carry over to a new enlistment.  However, the 
number of days of leave for which payment is made may not exceed sixty, less the 
number of days for which payment was previously made under this section after 
February 9, 1976
2.  Army Regulation (AR) 600-8-10, paragraph 2-2b,(2) states, commanders will 
establish an annual leave program to manage leave designed to provide caution to 
Soldiers who do not take leave, that they may lose leave at the end of the fiscal year 
(FY).  Also, Soldiers who maintain a 60 day leave balance, and wait late in the FY to 
take leave, will be informed that they risk loss of leave over 60 days if the operational 
situation requires their presence.

3.  Army Regulation 600-8-10, paragraph 2-4b states, b law, payment of accrued leave 
is limited to 60 days, one time during a military career.

ABCMR Record of Proceedings (cont)	 AR20150004078

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