IN THE CASE OF: BOARD DATE: 27 July 2010 DOCKET NUMBER: AR20090019539 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that her DD Form 214 (Certificate of Release of Release or Discharge from Active Duty) be corrected to show she entered active duty (AD) on 17 August 1977 vice 23 May 1981. She also requests that her net active service this period be corrected to show 28 years, 1 month, and 13 days vice 24 years, 4 months, and 8 days. 2. The applicant states that the date on her DD Form 214 should be corrected to show she entered AD on 17 August 1977 since she was attending the Uniformed Services University of Health Sciences (USUHS) as a second lieutenant (2LT) at that time. 3. The applicant provides a copy of her DD Form 214 and a copy of Orders Number A-08-62894 dated 15 August 1977. CONSIDERATION OF EVIDENCE: 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 Army Board for Correction of Military Records (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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant's DA Form 71 (Oath of Office) shows she executed her oath of office on 17 August 1977 as a Reserve Commissioned Officer. 3. The applicant's record contains a memorandum from the Office of the Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO. Subject: Appointment as a Reserve Commissioned Officer of the Army Under Title 10, 591 and 593, dated 15 August 1977 that states the applicant was appointed as a Reserve Commissioned Officer of the Army as a Medical Officer Candidate and that this service was not valid for the basic pay entry date. 4. Orders Number A-08-62894, Office of the Adjutant General, Reserve Components Personnel and Administration Center, St. Louis, Mo, dated 15 August 1977, that shows the applicant was ordered to AD to attend the USUHS' School of Medicine's 4 year M.D. Program with a reporting date of no later than 22 August 1977 in the rank of 2LT. 5. On 23 May 1981, the applicant completed the USUHS, was commissioned as a 1LT and entered AD as Regular Army Officer. 6. On 30 September 2005, the applicant was honorably retired from active duty Item 12c (Net Active Service This Period) of the applicant's DD Form 214 shows she served on AD a total of 24 years, 4 months, and 8 days. 7. The applicant's record contains a Chronological Statement of Retirement Points dated 22 June 2010 which shows she entered AD on 17 August 1977 and served until continuously until her retirement on 29 September 2005. 8. Title 10, U. S. Code, section 2114(b) states, in part, the service credit exclusions specified in section 2126 of this Title shall apply to USUH students covered by this section. 9. Title 10, U. S. Code, section 2126(a) states that, except as provided in subsection (b) (which pertains to a nonregular retirement), service performed while a member of a Health Professions Financial Assistance Program shall not be counted in determining eligibility for retirement other than by reason of a physical disability incurred while on active duty as a member of the program or in computing years of service creditable under section 205 (computation of service creditable for basic pay) of Title 37 (Pay and Allowances of the Uniformed Services) 10. Office of the Secretary of Defense memorandum, Subject: Credit for Time Served at USUHS in Computing Military Retired and Retainer Pay, dated 1 July 2002, states that years of service at USUHS as a medical student are creditable in computing retired pay. DISCUSSION AND CONCLUSIONS: 1. Although the applicant entered AD on 17 August 1977, it was for the purpose of attending the USUHS. By statute, such service is not creditable towards retirement. However, after the individual becomes retirement eligible, such service is creditable towards computation of retired pay. Therefore, the applicant's DD For 214 correctly reflects the total amount of AD service. 2. Based on the foregoing, there is insufficient evidence and the applicant has not provided sufficient evidence which shows her DD Form 214 is not correct as currently constituted. Absent such evidence, there is no basis to grant the requested relief. BOARD VOTE: _________ _________ ______ 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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _________X___________ CHAIRPERSON 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. ABCMR Record of Proceedings (cont) AR20090019539 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1