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Decision Text

ARMY | BCMR | CY2001 | 2001061916C070421
Original file (2001061916C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 16 April 2002
         DOCKET NUMBER: AR2001061916


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Ms. Wanda L. Waller Analyst


The following members, a quorum, were present:

Ms. Irene N. Wheelwright Chairperson
Ms. Melinda M. Darby Member
Mr. John T. Meixell Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests correction of item 9 (Command to Which Transferred) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the U.S. Army Reserve (USAR) Control Group (Annual Training). He also requests, in effect, correction of his Army National Guard Retirement Points History Statement to show the appropriate Military Membership Status Identifier consistent with his transfer to the USAR Control Group (Annual Training) for the period 11 November 1983 through 29 August 1985.

3. The applicant states, in effect, that subsequent to his discharge from active duty he was transferred to the USAR Control Group (Annual Training); however, his discharge document and Army National Guard Retirement Points History Statement do not reflect this information. In support of his application, he submits an undated letter of explanation; a copy of his DD Form 214; and a copy of his Army National Guard Retirement Points History Statement.

4. The applicant’s military records show that he enlisted in the Regular Army on 20 September 1983 for a period of 4 years. On 10 November 1983, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 11, by reason of entry level status performance and conduct. His character of service was documented as uncharacterized.

5. The applicant’s DD Form 214 with a separation date of 10 November 1983 shows the entry, “NA” in item 9 (Command to Which Transferred).

6. The applicant’s Army National Guard Retirement Points History Statement shows the Military Membership Status Identifier “H3” (non-military, civilian break) for the period 11 November 1983 through 29 August 1985.

7. Headquarters, U.S. Army Infantry Center - OSUT [One Station Unit Training] Orders, 213-13, dated 8 November 1983, show the applicant was released from active duty on 10 November 1983 and assigned to the USAR Control Group (Annual Training), RCPAC, 9700 Page Boulevard, St. Louis, Missouri 63132.

8. There is no evidence that the applicant was assigned to a Troop Program Unit (TPU) or that he performed drill or annual training or otherwise accrued points creditable toward retirement during the period 11 November 1983 through
29 August 1985.

9. The applicant’s Army National Guard Retirement Points History Statement shows that the applicant enlisted in the U.S. Marine Corps Reserve on 30 August 1985.

10. The applicant’s Army National Guard Retirement Points History Statement also shows that he reenlisted in the Army National Guard on 28 August 1987 and is currently assigned to the Massachusetts Army National Guard.
11. Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214. Table 2-2 of this regulation, in pertinent part, states that item 9 (Command to Which Transferred) will show the entry “USAR Control Group (Annual Training or Reinforcement, as appropriate) RCPAC, 9700 Page Blvd., St. Louis, MO 63132” when an individual was released from active duty and transferred to the USAR with no specific unit assignment.

CONCLUSIONS:

1. Item 9 (Command to Which Transferred) on the applicant’s DD Form 214 incorrectly shows the entry, “NA.”

2. Evidence of record shows the applicant was released from active duty and assigned to the USAR Control Group (Annual Training) effective 11 November 1983 and that he remained in that status until he enlisted in the U.S. Marine Corps Reserve on 30 August 1985. Therefore, in accordance with the governing regulation, item 9 (Command to Which Transferred) on the applicant’s DD Form 214 should be corrected to show the entry, “USAR Control Group (Annual Training) RCPAC, 9700 Page Blvd., St. Louis, MO 63132.”

3. The applicant’s Army National Guard Retirement Points History Statement incorrectly shows his status as “non-military, civilian break” during the period
11 November 1983 through 29 August 1985.

4. Based on the foregoing, it would be appropriate to correct the applicant’s Army National Guard Retirement Points History Statement to show the appropriate Military Membership Status Identifier consistent with his transfer to the USAR Control Group (Annual Training) for the period 11 November 1983 through 29 August 1985.

5. The applicant’s Army National Guard Retirement Points History Statement should be amended to show USAR membership for the period 11 November 1983 through 29 August 1985 with the appropriate membership retirement points.

6. It would also be appropriate to show that the applicant was discharged from the USAR Control Group (Annual Training) effective 29 August 1985 based on his enlistment in the U.S. Marine Corps Reserve.

7. In view of the foregoing, the applicant’s records should be corrected as recommended below.



RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected:

         a. by deleting the entry, “NA” in item 9 (Command to Which Transferred) on the DD Form 214 of the individual concerned;

         b. by adding the entry, “USAR Control Group (Annual Training) RCPAC, 9700 Page Blvd., St. Louis, MO 63132” in item 9 on the DD Form 214; and

         c. by showing that the applicant was discharged from the USAR Control Group (Annual Training) effective 29 August 1985.

2. That the Adjutant General of Massachusetts be requested to correct the Army National Guard Retirement Points History Statement of the individual concerned
to show the appropriate Military Membership Status Identifier consistent with his status as a member of the USAR Control Group (Annual Training) and to show USAR membership for the period 11 November 1983 through 29 August 1985.
BOARD VOTE:

INW____ MMD____ JTM____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Irene N. Wheelwright_____
                  CHAIRPERSON




INDEX

CASE ID AR2001061916
SUFFIX
RECON
DATE BOARDED 20020416
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 102.0300
2. 100.0000
3.
4.
5.
6.


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