IN THE CASE OF: BOARD DATE: 18 October 2023 DOCKET NUMBER: AR20230002316 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his retirement date as 26 June 2015 vice 22 January 2015. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Retirement Orders 160-0003, 9 June 2015 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) 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 the correction is requested because he was still in the military, reporting to his unit until June 2015. For some reason, the military says he owes $16,071.00 debt because he was separated in January 2015. 3. Review of the applicant’s service records shows: a. He enlisted in the Regular Army on 23 March 2010 and reenlisted on 25 January2013. b. On 9 October 2014, an informal physical evaluation board (PEB) convened and found his medical conditions unfitting. The PEB assigned a combined disability rating of 40% and his disposition as permanent disability retirement. He concurred. c. On 9 June 2015, U.S. Army Garrison, Fort Bliss, TX published Orders 160-0003 retiring him from active duty on 22 January 2015 and placing him on the retired list on 23 June 2015. d. His DD Form 214 shows he retired on 22 June 2015 due to disability, after completing 4 years and 10 months of active service. Block 12b (Separation Date This Period) shows the date as 22 January 2015. 4. The Office of the Deputy Chief of Staff, G-1 provided an advisory opinion on 9 June 2023 in the processing of this case. A G-1 official stated that based on careful review the Army G-1 recommends the Board disapprove the applicant’s request for administrative relief. The applicant separated from active duty on the correct date, 22 January 2015. He was on terminal leave from 12–22 January 2015. Since his DD Form 214 was issued on 26 June 2015, the supporting finance office input his separation from active duty at that time. The applicant’s debt is based on continuing to receive active duty pay after his separation date. 5. The applicant was provided with a copy of this advisory opinion to give him an opportunity to provide a rebuttal and/or submit additional information. The applicant did not respond. 6. The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. The information entered thereon reflects the conditions as they existed at the time of separation. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition, available military records and the Deputy Chief of Staff, G-1- Compensation and Entitlements Division advisory opinion, the Board concurred with the advising official finding the applicant separated from active duty on 22 January 2015 upon completion of his terminal leave from 1 – 22 January 2015. Evidence shows the applicant continued to receive active duty pay after his separation date. The Board found that the finance office inadvertently annotated his separation date from active duty as the date his DD form 214 was issued. The Board agreed based on the opine, 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 and denied relief. 2. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of evidence that shows a material error or injustice, there is a reluctance to recommend that those records be changed 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 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-8 (Separation Documents and Processing) prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. 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. The information entered thereon reflects the conditions as they existed at the time of separation. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. The specific instruction for Block 12b (Separation date This Period) is to list 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230002316 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1