IN THE CASE OF:   
 
  BOARD DATE: 22 August 2023 
 
  DOCKET NUMBER:  AR20230003113 
 
 
APPLICANT REQUESTS:  
 
• correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 January 2012 to show a release from active duty date (REFRAD) of 4 January 2012 

• retirement points credit for the period between her REFRAD and her requested later REFRAD 

• pay and allowances for the period between her REFRAD and her later requested REFRAD 


 
APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: 
 
• ACTS Online application in lieu of DD Form 149 (Application for Correction of Military Record), 14 February 2023 

• U.S. Army Human Resources Command (HRC) A-09-027097, 30 September 2010; Orders A-09-027097A02, 12 October 2011; and Orders A-10-122755A01, 17 November 2011 

• DD Form 214, 1 January 2012 


 
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, in effect, she is a Grey Area Retired Reserve officer. The correction to her separation date should be made because it impacts her retirements points, her eligibility dates for military retirement, and her Federal service retirement credits. 
 
3.  The applicant provides: 
 
 a.  Orders A-09-017097, 30 September 2010 issued by HRC, ordering her to active Duty (AD) for 365 dates beginning on 12 October 2010 and ending on 11 October 2011. 
 
 b.  Orders A-09-027097A02, 12 October 2011, issued by HRC, amending HRD Orders A-09-017097, changing the end date to 10 October 2011. 
 
 d.  Orders A-10-122755A01, 17 November 2011, issued by HRC, amending Orders A-10-122755, changing her extended period of AD from 60 days (ending on 9 December 2011) to 86 days with and end date of 4 January 2012. 
 
4.  A review of the applicant's service records shows: 
 
 a.  On 24 June 1993, she was appointed a Reserve commissioned officer in the Transportation Corps, following a period of enlisted service in the Army National Guard. 
 
 b.  She entered active duty on 27 January 2003. On 3 June 2007, she was promoted to major/O-4. 
 
 c.  On 27 November 2009, HRC issued her a notification of eligibility for retired pay at age 60 (Twenty Year Letter). 
 
 d.  She was honorably released from active duty on 22 July 2010 due to completion of her required active service.  
 
 e.  The applicant reentered active duty on 12 October 2010 in support of contingency operations for active duty operational support. While on active duty, the U.S. Army Human Resources Command issued her: 
 
  (1)  Orders A-09-027097, 30 September 2010, placing her on AD for Contingency Operations for AD Operations Support (CO-ADOS) (Fort Sill) for a tour length of 365 days beginning on 12 October 2010 and ending on 11 October 2011. 
 
  (2)  Orders A-09-02097A02, 12 October 2011, amending HRC Orders A-09-027097 by changing her AD tour length to 364 days, ending on 10 October 2011. 
 
  (3)  Orders A-10-122755, 11 October 2011, retaining her on AD for 60 days beginning on 11 October 2011. 
 
  (4)  Orders A-10-122755A01, 17 November 2011, amending HRC Orders A-10-122755, by extending her AD tour to 86 days with an AD Tour ending date 4 January 2012. 
 
 f.  Separation Orders Number 3271301 issued from her commanding authority, with a separation date of 1 January 2012, are not contained in the available records. Defense Joint Military Pay System Reserve Component records show Order Number 3271301 (Separations Orders) were issued to her with an effective date of 1 January 2012.  
 
 g.  On 1 January 2012, the applicant was released from AD by reason of completion of required active service. Her DD Form 214 for this period shows in: 
 
  (1)  Block 12a (Date Entered Active Duty This Period): 12 October 2010 
 
  (2)  Block 12b (Separation Date This Period): 1 January 2012. 
 
  (3)  Block 12c (Net Service This Period):  1 year, 2 months, and 20 days.   
 
  (4) Block 18 (Remarks): in part, "Ordered to AD in support of contingency operation for AD operational support in accordance with Title 10, U.S.C 12301/member has completed first full term of service/20 October 2010 to 11 October 2011-COADOS 11 October 2011 to 1 January 2012-MRPP" 
 
5.  On 13 July 2023, AHRC provided ARBA an advisory opinion in response to the applicant's issues. It reads, in part: 
 
 a.  The United States Army Human Resources Command (AHRC) obtained the Military Pay record. The Military pay record indicates that Release from Active Duty Order, order number 327130, ended the Active-Duty tour on 1 January 2012, this supporting documentation does not support DD Form 214 being corrected from end date 1 January 2012 to 4 January 2012. We recommend additional concerns about pay through 4 January 2012 be directed to DFAS. 
 
 b.  A review of the retirement points did indicate missing retirement points from 16 December 2011 through 31 December 2011 which have been awarded. 
 
6.  On 22 July 2023, ARBA provided the applicant a copy of the AHRC advisory memorandum in order to give her an opportunity to respond. She did not respond. 
 
BOARD DISCUSSION: 
 
After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The evidence shows the applicant entered active duty on 12 October 2010 in support of contingency operations. The orders that ordered her release from active duty are not 
available; however, the evidence from the Defense Joint Military Pay System Reserve Component records show Order Number 3271301 (Separations Orders) were issued to her with an effective date of 1 January 2012. Her DD Form 214 lists this separation date and credited her with 1 year, 2 months, and 20 days. The Board reviewed, agreed with, and was persuaded by the advisory opinion’s finding no evidence that supports changing the date of separation from 1 January 2012 to 4 January 2012. Additionally, the Board noted that the missing retirement points from 16 December 2011 through 31 December 2011 have been awarded. 
 
BOARD VOTE: 
 
Mbr 1 Mbr 2 Mbr 3 
 
: : : GRANT FULL RELIEF 
 
: : : GRANT PARTIAL RELIEF 
 
: : : GRANT FORMAL HEARING 
 
xx: xx: xx: 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. 
 
  8/22/2023

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 (Separations Processing and Documents), currently in effect, provides for the preparation and distribution of the DD Form 214.  
 
 a. Paragraph 5-4 Source Documents.  
 
  (1)  When separation is ordered, the separation approval documents must be present for transition processing to occur. Source documents, as listed in subparagraph b below, must be present in a Soldier’s record in order to complete the DD Form 214. If approval documentation is not present in a Soldier’s record, action will be coordinated with the necessary activity (personnel service division, Assistant Chief of Staff for Personnel, adjutant general, or chain of command) for proper source documents. 
 
  (2)  Use the following documents when preparing a DD Form 214: 
 
   (a)  Servicemember’s record brief (computer generated). 
 
   (b)  Separation approval documents, if applicable. 
 
   (c)  Separation order. 
 
   (d)  Any other document authorized for filing in the AMHRR. 
 
 b.  Block 12a: Date Entered Active Duty This Period. Data sources are enlistment contract(s), initial order to active duty, active duty order, previously issued DD Forms 214, DA Form 1506 (Statement of Service – For Computation of Length of Service for Pay Purposes), and a complete review of the Soldier’s official record. Enter the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued. Do not depend on basic active service date for this data item. The basic active service date can be an adjusted date. 
 
 c.  Block 12b: Separation Date This Period. 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//