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ARMY | BCMR | CY2006 | 20060001747C070205
Original file (20060001747C070205.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 October 2006
      DOCKET NUMBER:  AR20060001747


      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. W. W. Osborn, Jr.             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James B. Gunlicks             |     |Chairperson          |
|     |Mr. Michael J. Flynn              |     |Member               |
|     |Mr. Scott W. Faught               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that her record be corrected to show that she
was a member of the United States Army Reserve (USAR) Reserve Officer
Training Corps (ROTC)/Simultaneous Membership Program (SMP) while enrolled
in ROTC at the University of Southern Mississippi.

2.  The applicant states that this time is not recorded on her DD Form 214
(Certificate of Release or Discharge from Active Duty).  This oversight
could have significant impact upon her retirement points total.

3.  The applicant provides copies of her 1986 and 2002 DD Forms 214, an
April 1981 DA Form 3686 Leave and Earnings Statement showing that she
attended two USAR inactive duty training assemblies each on 11 April and 12
April 1981, her 27 August 1979 enlistment contract for ROTC, orders
discharging her from ROTC to accept a commission, appointment as a USAR
commissioned officer showing a date of acceptance of  15 May 1982 and
orders to active duty .

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the United States Army Reserve (USAR) on
27 August 1979.  Her DD Form 4/1 Enlistment/Reenlistment Document – Armed
Forces of the United States indicates at item 10b (Remarks) “Authority AR
145-1, USAR Control Group (Reserve Officer Training Corps (ROTC)).”

2.  On 22 December 1980 she was relieved from the ROTC Control Group to
participate in the ROTC/SMP program and was assigned to the 305th Field
Hospital.

3.  On 14 May 1982 she was separated from the USAR (Ready) and the ROTC to
accept an appointment as a USAR commissioned officer.  On 15 May 1982 she
was appointed a Reserve second lieutenant in the Ordnance Corps.

4.  The applicant served on active duty from 19 June 1982 to 11 July 1986,
a period of 4 years and 29 days.  She was relieved from active duty and
transferred to the USAR Control Group (Reinforcement).  Item 12e (Total
Prior Inactive Service) of her DD Form 214 shows 1 month, and 4 days.

5.  The applicant also served on active duty from 24 October 2001 to
20 September 2002 when she was relieved from active duty and transferred to

the USAR Control Group IMA (Individual Mobilization Augmentee).  Item 12d
(Total Prior Active Service) of her DD Form 214 shows 5 years, 7 months,
and 0 days and item 12e (Total Prior Inactive Service) shows 13 years, 10
months, and 9 days.

6.  Orders dated 30 August 2002 indicated that the applicant was to be
discharged effective 1 September 2002, but she was apparently discharged
after her release from active duty.

7.  During the processing of this case an advisory opinion was obtained
from Human Resources Command (HRC), St Louis.  The Supervisor, Retirements
and Annuities noted that the applicant had, indeed, been in the SMP program
up until the time she was discharged to accept a commission and that the
time should have been reflected on her DD Form 214 as prior inactive duty.
It was also noted that the applicant’s Date of Initial Entry into Military
Service should be adjusted to 27 August 1979.  It was also pointed out that
her involuntary separation may have been improper because she had
apparently completed 19 years, 5 months, and 9 days of commissioned
service.

8.  The above calculation indicating 19 years, 5 months, and 9 days of
commissioned service ignores the 10 months and 27 days of active duty
reported on that DD Form 214, itself.  The applicant actually had 20 years,
4 months, and 6 days of commissioned service when she was released from
active duty on 20 September 2002.

9.  The advisory opinion was forwarded to the applicant for comment and she
concurred.

DISCUSSION AND CONCLUSIONS:

1. Prior to entering active duty as a USAR commissioned officer, the
applicant spent 2 years, 7 months, and 22 days in an inactive duty status,
including 1 year, 4 months, and 23 days in the SMP.  This period on prior
inactive duty should be entered in item 12e of her original DD Form 214.

2.  The fact that she had more prior inactive service than was reported on
her first DD Form 214 is supported by the advisory opinion from HRC, St
Louis.

3.  The applicant may have evidence of more inactive duty training or
active duty training than that on the Leave and Earnings Statement
submitted with this application.  She should submit copies to HRC, St Louis
and request that her retirement points be corrected well before she reaches
age 60.

4.  Except for corrections that necessarily follow from an applicant’s
application, the board does not have authority to further presume and
undertake correction of an individual’s records.  Therefore, the issue of
the applicant’s discharge that was raised in the advisory opinion will not
be addressed.

BOARD VOTE:

__JBG___  __MJF__  __SWF__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

      The Board determined that the evidence presented was sufficient to
warrant a recommendation for relief and to excuse failure to timely file.
As a result, the Board recommends that all Department of the Army records
of the individual concerned be corrected by showing in Item 12e of her 11
July 1986
DD Form 214 that she had 2 years, 7 months, and 22 days of Total Prior
Inactive Service.



                            __James B. Gunlicks ___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001747                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/10/05                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|135.00                  |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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