ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF:    BOARD DATE:  26 August 2019 DOCKET NUMBER:  AR20180016098 


APPLICANT REQUESTS: Correction of his record to show he was paid six days of pay and allowances for retention beyond his separation date. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 149 (Application for Correction of Military Record)

.DA Form 137-2 (Installation Clearance Record), dated 31 May 2006



FACTS: 

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

2.The applicant states he was supposed to be separated from the service on25 May 2006, but he was missing one signature to clear, and had to wait until that officewas open to clear.  He was on charge of quarter’s duty for six days straight until31 May 2006, and was not paid for those six days.  His separation date is shown on theupper right corner of DA Form 137-2.

3.A review of the applicant’s service records show the following on:

.11 May 2005 – the applicant enlisted in the Regular Army

.26 April 2006 – the applicant’s immediate commander notified the applicant of hisintent to initiate separation proceedings under the provisions of Army Regulation635-200 (Active Duty Enlisted Administrative Separations), chapter 5, paragraph5-13, and the applicant acknowledged receipt

.27 April 2006 – the applicant’s immediate commander initiated separationproceedings under the provisions of AR 635-200, chapter 5, paragraph 5-13,citing a medical professional had diagnosed the applicant with a personalitydisorder, and the applicant continued to abuse substances if left by himself

.10 May 2006 – the separation authority directed the applicant be discharged andfurnished an Honorable Discharge Certificate


.25 May 2006 – the applicant was honorably discharged from active duty byreason of personality disorder, DD Form 214 (Certificate of Release or Dischargefrom Active Duty) shows in item 12b (Separation Date this Period) 25 May 2006

.the applicant’s service records are void of any amended orders changing hisseparation date



4.The applicant provides a DA Form 137-2 showing a highlighted date of 31 May 2006,and endorsed by the applicant and his immediate commander on 25 May 2006(Thursday prior to Memorial Day).

5.Army Regulation (AR) 635-5 (Separation Documents) in effect at the time prescribesthe separation documents that must be prepared for soldiers on retirement, discharge,release from active duty service, or control of the Active Army.  Source documents willconsist of the enlisted record brief, separation order, and any other documentauthorized for filing in the official military personnel file.  Item 12b, shows the Soldier’stransition date and the date may not be the contractual date of the Soldier is separatedearly.

6.AR 15-185 (ABCMR) states, the ABCMR begins its consideration of each case withthe presumption of administrative regularity.  The applicant has the burden of proving anerror or injustice by a preponderance of the evidence.

7.Department of Defense Financial Management Regulation (DOD FMR) 7000.14-R,volume 7a states in section 010201, creditable service includes active service in theRegular Army.  Members are entitled to receive pay according to their pay grades andyears of service if they are on active duty and in a pay status.

8.Title 31 USC, section 3702 states, a claim against the Government presented underthis section must contain the signature and address of the claimant or an authorizedrepresentative.  The claim must be received by the official responsible under subsection





(a)for settling the claim or by the agency that conducts the activity from which the claimarises within 6 years after the claim accrues.BOARD DISCUSSION:1.The Board carefully considered the applicant's request, supporting documents andevidence in the records.  The Board considered the applicant's statement, his record ofservice, the reason for his separation and the DA Form 137-2 reflecting a different datethan that shown on his DD Form 214.  Based on a preponderance of evidence, theBoard determined that the applicant remained on active duty for additional days andthat he should be compensated accordingly.2.After reviewing the application and all supporting documents, the Board found thatrelief was warranted.
BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

:XXX :XXX :XXX 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: 
1.Amending his DD Form 214 for the period of service ending 25 May 2006 asfollows: 
a.Item 12. b. (Record of Service, Separation Date this period) – “2006 05 31”vice “2006 05 25”, and;

b.Item 12. c. (Net Active Service this Period) – “0001 00 21” vice “0001 00 15”).


2.Paying him his full pay and allowances for the period between 2006 05 25 and2006 05 31. 




X 

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 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.  AR 635-5 (Separation Documents) in effect at the time prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  Source documents will consist of the enlisted record brief, separation order, and any other document authorized for filing in the official military personnel file.  Item 12b, shows the Soldier’s transition date and the date may not be the contractual date of the Soldier is separated early. 
 
3.  AR 15-185 (ABCMR) states, the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 
 
4.  DOD FMR 7000.14-R, volume 7a states in section 010201, creditable service includes active service in the Regular Army.  Members are entitled to receive pay according to their pay grades and years of service if they are on active duty and in a pay status.  
 
5.  Title 31 USC, section 3702 states, a claim against the Government presented under this section must contain the signature and address of the claimant or an authorized representative.  The claim must be received by the official responsible under subsection (a) for settling the claim or by the agency that conducts the activity from which the claim arises within 6 years after the claim accrues.