IN THE CASE OF: BOARD DATE: 30 April 2021 DOCKET NUMBER: AR20200008789 APPLICANT REQUESTS: * correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect a retirement date of 1 October 2019 * correction of his retirement orders (Orders Number C02-091306) to reflect a retirement date of 1 October 2019 rather than 26 July 2019 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 108 (Application for Retired Pay Benefits), dated 10 September 2019 * DD Form 214, dated 27 September 2019 * DD Form 2656 (Data for Payment of Retired Personnel), dated 2 October 2019 * Orders Number 0000037288, dated 17 October 2019 * NGB Form 23B (Army National Guard Retirement Points History Statement) dated 18 October 2019 * U.S. Army Human Resources Command (HRC) letter, dated 11 February 2020 * Orders Number C02-091306, dated 11 February 2020 * Defense Finance and Accounting Services (DFAS) letter, dated 18 February 2020 * Retiree Account Statement, dated 18 February 2020 FACTS: 1. The applicant states that his retirement was processed incorrectly indicating a retirement date of 26 July 2019. He contests that the correct date should be 1 October 2019. He adds that he was in an Active Guard Reserve (AGR) status with the Massachusetts Army National Guard (MAARNG) until 27 September 2019 and resigned from the ARNG on 30 September 2019 with a 1 October 2019 effective date of retirement. He understands that this adjustment may result in a debt to the Government of approximately 2 months of retirement pay previously received. 2. A review of the applicant's available service records reflects the following: a. He was born in October 1960 and would turn 60 in October 2020. After previously serving on active duty for two independent periods within the Regular Army, the applicant enlisted in the ARNG on 30 September 1992. b. On 8 September 1993, the 118th Military Police Battalion issued Orders Number 47-2 honorably discharging the applicant from the ARNG effective 29 September 1993. c. On 25 August 2006, the applicant enlisted in the ARNG. O 16 December 2009, the MAARNG issued Orders Number 350-011 placing the applicant on Full-Time National Guard duty in an AGR status effective 14 December 2009. d. He was mobilized and ordered to active duty in support of Operation Enduring Freedom, and served on active duty from 2 September 2008 to 1 September 2009. e. On 5 September 2017, the NGB issued him a Notification of Eligibility for Retire Pay at Age 60 (20-Year Letter). f. On 11 September 2019, the MAARNG issued Orders Number 254-021 releasing the applicant from active duty in an AGR status effective 27 September 2019 and returning him to the control of the State ARNG with a terminal date of reserve obligation/Mandatory Removal Date (MRD) of 31 October 2020. g. On 27 September 2019, the applicant was released from active duty. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the separation document is issued for the purpose of "retirement" (this is an error, it should be release from active duty) based on Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) and is assigned separation code 4R (this is an error, it should be NA for ARNG Soldiers). It also shows he completed 9 years, 9 months and 14 days of active service during this period, 8 years, 5 months, and 23 days of prior active service, for a total of 18 years, 3 months, and 7 days. h. On 1 October 2019, the applicant submitted a DD Form 108 (Application for Retired Pay), requesting to retire on 1 October 2019. i. On 17 October 2019, the MAARNG issued State Orders Number 0000037288 terminating the applicant's assignment effective 1 October 2019 for the purpose of retirement. [This is not the official Retirement Order; this is a State Order]. j. On 11 February 2020, the U.S. Army Human Resources Command, Fort Knox, KY issued Orders Number C02-091306 retiring the applicant and placing him on the retired list effective 26 July 2019. The reason HRC listed this date of retirement is because the applicant is authorized a 15-month reduction in age retirement due to his active duty mobilization from 2 September 2008 to 1 September 2009 and State active duty from 14 December 2009 to 27 September 2019, as follows: * Date of Birth * Retirement Date at Age 60: XX October 2020 * Drop date: 26 July 2019 * Retirement Requested Date: 1 October 2019 * Effective Retirement Date: 26 July 2019 3. The applicant provides the following a: * DD Form 108, dated 10 September 2019, shows his submitted request for retirement based on qualifying service reflected on his NGB Form 23 * DD Form 2656, dated 2 October 2019, shows the applicant's request for retirement pay; it provides a 1 October 2019 retirement/transfer date * NGB Form 23B, dated 18 October 2019, shows completion of 22 years, 3 months, and 9 days of creditable service towards retirement * HRC letter, dated 11 February 2020, approving his retirement. The letter further provides the inclusion of retirement orders was also provided with this letter. * DFAS letter, dated 18 February 2020, shows he was added to the retired roll of the Army; it further provides a retirement date of 26 July 2019. He received retirement pay effective 26 July 2019 with an initial payment of $11,593.61 being received covering the period of 26 July 2019 – 31 January 2020. * Retiree Account Statement dated 18 February 2020 reflective of retirement pay an entitlements received. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was partially warranted. Board members noted that there were administrative inconsistencies between the State ARNG and HRC regarding the effective date of retirement. His DD Form 214 reflected Type of Separation as "Retirement;" should have been "Release from Active Duty" and the Separation Code as 4R; should be NA (for ARNG Enlisted Soldiers). He did not serve on active duty until 1 October 2019. His removal date from the ARNG was 1 October 2019. When he was released from active duty, he returned to the control of the State ARNG. While he was on active duty, he submitted an application for retired pay on 1 October 2019. Because he was mobilized, he received a 15-month drop which adjusted his retirement date to 26 July 2019. This is the date he retired. However, this date is in contrast with his DD Form 214 which shows he was on active duty through 27 September 2019. Board members voted to correct his DD Form 214 to show he was released from active duty on 27 September 2019 rather than retired, and his age 60 retirement orders to be effective 1 October 2019, as he requested, vice 26 July 2019. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X: X: X: GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * Amending item 23 (Type of Separation) of his DD Form 214 (14 December 2009 to 27 September 2019) to show "Release from Active Duty" * Amending item 27 (Reentry Code) of his DD Form 214 (14 December 2009 to 27 September 2019) to show "NA" * Amending Orders C02-091306, issued by the U.S. Army Human Resources Command on 11 February 2020 to show Date Placed on the Retired List as 1 October 2019 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to changing the separation date shown on his DD Form 214 from 27 September 2019 to 1 October 2019. 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 10, USC, section 1552 provides that the Secretary of a military department may correct any military record of the Secretary’s department when the Secretary considers it necessary to correct an error or remove an injustice. 2. Army Regulation (AR) 635-8 (Separation Processing and Documents) states: a. The DD Form 214 is a summary of the Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. Source documents will consist of: * Servicemember's record brief * Separation approval documents * Separation order * Any other document authorized for filing in the Army Military Human Resources Record b. Item 12b. (Separation Date this Period) will contain the Soldier’s transition date. This date may not be the contractual date if the Soldier was separated early, voluntarily extends, is extended to make up lost time, or is retained on active duty for the convenience of the Government. 3. Army Regulation 600-8-105 (Military Orders) provides that Military Orders are published to: a. Order individuals onto active duty or change the status of military personnel on active duty. For example, orders appoint, assign, promote, demote, retire, separate, and authorize travel of Family members. Only the organization that published the original order may amend, rescind, or revoke the order. U.S. Army transition centers may rescind unexecuted portions of Formats 501 and 526 on or before the date of discharge or relief from active duty shown in the order when the Soldier will transition after the effective date in the order. If any action has been taken in compliance with an order, the order shall not be revoked, and only the unexecuted portion of the order may be rescinded. When there is no evidence of fraud or obvious error and the Soldier received actual or constructive delivery, orders discharging a Soldier from the service will not be revoked after the effective date of discharge unless the revocation is a written confirmation of verbal orders issued before the effective date of discharge. b. Do not revoke an order if any action has been taken in compliance with orders. If a correction needs to be made, amend or rescind the order. 4. Army Regulation (AR) 15-185 (ABCMR) paragraph 2-9 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200008789 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1