Search Decisions

Decision Text

ARMY | BCMR | CY2003 | 2003084283C070212
Original file (2003084283C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 4 September 2003
         DOCKET NUMBER: AR2003084283


         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
Mr. Jessie B. Strickland Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr. Chairperson
Mr. Frank C. Jones Member
Ms. Barbara J. Ellis 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 that his report of separation (DD Form 214) dated 30 June 2001 be corrected to reflect in items 12d and e, his correct prior active and inactive service.

3. The applicant states, in effect, that his service is incorrectly reflected on his DD Form 214 and although he questioned it at the time of separation, he was informed that it was correct. He goes on to state that he inquired to the Defense Finance and Accounting Service and requested that his records be audited because he was concerned that he was being overpaid and did not want to get a bill for over-payment of his retired pay and was informed that he was being properly paid. However, he knows that he was in the Active Reserve for 5 years and 5 months.

4. The applicant’s military records show that he enlisted in the United States Army Reserve (USAR) on 5 October 1975. He entered active duty for training on 8 February 1976 and served until he was released from active duty on 22 May 1976 (105 days) and was returned to his USAR unit. He continued to serve in his troop program unit and was ordered to active duty for annual training for 14 days each year for 3 years (1977 – 1981) and 12 days in 1976. On 18 September 1981, he entered into the delayed entry program (DEP) and remained there until his enlistment.

5. He enlisted in the Regular Army on 13 October 1981 and served on active duty until 30 June 2001, when he was honorably released from active duty (REFRAD) in the pay grade of E-7 and was placed on the Retired List effective 1 July 2001. His DD Form 214 issued at the time of his REFRAD indicates that he had served 20 years and 3 days of active service during his current period of service and that he had served 5 years, 7 months and 10 days of prior active service (item 12d). Item 12e of his DD Form 214 indicates that he had served 4 months and 28 days of prior inactive service.

6. The applicant's retirement orders indicate that he had 25 years, 3 months and 28 days of active service and that he was being paid for 25 years, 8 months and 26 days of service for pay purposes.

CONCLUSIONS:

1. The applicant clearly did not serve 5 years, 7 months and 10 days of prior active service, as indicated by his DD Form 214, because he was in the USAR during the period of 5 October 1975 until he enlisted in the Regular Army on 13 October 1981. During his USAR service he served 5 months and 2 days of active duty for training.

2. Accordingly, the applicant's DD Form 214 should reflect in item 12d that he served 5 months and 2 days of prior active service and in item 12e, 5 years, 7 months and 7 days of prior inactive service.

3. Likewise, his retirement orders should reflect that he served 20 years, 5 months and 4 days of active service instead of 25 years, 3 months and 28 days as currently reflected.

4. The Board commends the applicant for his honesty and forthrightness in trying to correct this error. Inasmuch as he has attempted to resolve this error since his retirement without success, the Board finds that it would be in the interest of justice not to hold him pecuniarily liable for any debt incurred that may have resulted from this administrative error.

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

RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by showing that the individual concerned served 20 years, 5 months and 4 days of total active service for retirement purposes (retirement orders), that he served 5 months and 2 days of prior active service (item 12d of DD Form 214), that he served 5 years, 7 months and 7 days of prior inactive service (item 12e), and that he not be held pecuniarily liable for any debt incurred as a result of this administrative error.

BOARD VOTE:

___fcj ___ __bje ___ __rvo___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Raymond V. O’Connor, Jr._
                  CHAIRPERSON




INDEX

CASE ID AR2003084283
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2003/09/04
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 338 136.0000/RET SVC
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2008 | 20080011767

    Original file (20080011767.txt) Auto-classification: Denied

    At the time of his release from active duty on 19 February 1980, he was issued a DD Form 214 that properly shows a credit of 4 years and 1 month for his active duty service from 20 January 1976 through 19 February 1980. However, the evidence of record shows the applicant was transferred to the USAR upon his release from active duty on 19 February 1980. The DD Form 214, dated 1 February 2000, also shows he was credited with 6 years, 2 months, and 21 days prior inactive service.

  • ARMY | BCMR | CY2013 | 20130008805

    Original file (20130008805.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 June 1998 to show his prior active and inactive service. He provides his: * DD Form 214 for the period ending 30 June 1998 * DD Form 214 (Report of Separation from Active Duty) for the period ending 7 January 1976 CONSIDERATION OF EVIDENCE: 1. It provides a brief, clear-cut record of active Army service at the time of release from active duty,...

  • ARMY | BCMR | CY2008 | AR20080018348

    Original file (AR20080018348.txt) Auto-classification: Denied

    Although documents associated with the applicant’s initial enlistment in the U.S. Army were not available to the Board, the evidence which is available indicates the applicant initially entered military service as a member of the USAR on 2 May 1980 while still in high school. When the applicant was discharged from active duty in June 1987 by reason of permanent physical disability, the entries on his DD Form 214 correctly reflected a total of 5 years, 7 months, and 7 days of active service...

  • ARMY | BCMR | CY2011 | 20110014692

    Original file (20110014692.txt) Auto-classification: Approved

    The applicant provides his DD Form 214. Prior to 1 October 1979, DD Forms 214 were issued when a Soldier was discharged for immediate reenlistment. He completed 2 years, 9 months, and 19 days of creditable active service and he should have been issued a DD Form 214 for this period of service.

  • ARMY | BCMR | CY2010 | 20100019756

    Original file (20100019756.txt) Auto-classification: Denied

    The applicant requests correction of item 12a (Date Entered Active Duty This Period) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she entered active duty on 11 May 1976 instead of 25 November 1981. Her records do not contain a DD Form 214 for this period of service. Her records do not contain a DD Form 214 for this period of service.

  • ARMY | BCMR | CY2010 | 20100026103

    Original file (20100026103.txt) Auto-classification: Approved

    The applicant requests, in effect, correction to Items 12d (Total Prior Active Service) and 12e (Total Prior Inactive Service) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 15 December 1979 and the issuance of a DD Form 215 (Correction to DD Form 214). His last DD Form 214 only shows he served 2 years of active service. The evidence of record shows he enlisted and served in the TXARNG from 8 January through 14 August 1963, a period of 7...

  • ARMY | BCMR | CY2001 | 2001062701C070421

    Original file (2001062701C070421.rtf) Auto-classification: Approved

    The applicant’s Officer Record Brief (ORB), dated 29 January 1996, shows that she entered active duty on 13 August 1981. The evidence or record clearly shows that the applicant entered AD in the Regular Army on 13 August 1981 and that item 12a (Date Entered AD This Period) of her DD Form 214, dated 30 September 1996, is incorrect. The Board also notes that the applicant completed 186 days of ADT during the period 10 September 1979 to 12 August 1981.

  • ARMY | BCMR | CY2006 | 20060008303

    Original file (20060008303.txt) Auto-classification: Approved

    Item 12c (Net Active Service This Period) of his DD Form 214 be corrected to reflect "12 Years 7 Months 7 Days"; c. Item 12d (Total Prior Active Service) of his DD Form 214 be changed to reflect "6 Years 4 Months 3 Days"; d. that his 3 years and 2 days of U.S. Army Reserve (USAR) service be identified as "active Reserve" and not "inactive Reserve" in Item 12e (Total Prior Inactive Service" of his DD Form 214; and e. the opportunity to complete his last 18 months of service or, in the...

  • ARMY | BCMR | CY2008 | 20080001615

    Original file (20080001615.txt) Auto-classification: Approved

    His DD Form 214 issued at the time of his REFRAD indicates in block 12a. that he entered active duty this period on 25 September 1976. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing on his DD Form 214 dated 31 August 1999, in block 12a., that he entered active duty this period on 7 July 1984, that he served 15 years, 1 month and 24 days of Net Active Service this period in block 12c., that he served 7 years, 9...

  • ARMY | BCMR | CY2010 | 20100021032

    Original file (20100021032.txt) Auto-classification: Denied

    The applicant provides: * DD Form 214 for the period ending 31 December 1997 * U.S. Army Official Military Personnel File (microfiche) * 1973 enlistment contract * DD Form 214 for the period ending 26 July 1977 * 1973 U.S. Army Reserve (USAR) enlistment contract * Orders, dated 26 April 1973 * Oath of extension of enlistment * Individual Training Record * Certificate of Training * Service personnel records * Defense Finance and Accounting Service Military Leave and Earnings Statement *...