RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 July 2007
	DOCKET NUMBER:  AR20060016676 


	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.


Ms. Catherine C. Mitrano

Director

Mr. John J. Wendland, Jr.

Analyst

The following members, a quorum, were present:


Ms. Kathleen A. Newman

Chairperson

Ms. Susan A. Powers

Member

Mr. Edward E. Montgomery

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, in effect, correction of his records to show he served on active duty during the period February 1971 to September 1973.

2.  The applicant states, in effect, he reenlisted in Portland, Oregon in February 1971 and attended basic combat training at Fort Lewis, Washington.  He also states that he was assigned to Fort Bragg, North Carolina; Fort Wolters, Texas; and Fort Bliss, Texas; attended flight school, Legal Clerk training, and the Noncommissioned Officer Academy; and was promoted to the grades of E-4,
E-5, and E-6 during this period.  He further states, in effect, he would like his records corrected to show this period of active duty service in order to become eligible to retire.

3.  The applicant provides the following documents:  Headquarters, U.S. Army Reception Station, Fort Lewis, Washington, Special Orders Number 42, dated
25 February 1971; Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, Fort Lewis, Washington, Special Orders Number 113, dated 23 April 1971; Headquarters, U.S. Army John F. Kennedy Center for Military Assistance, Fort Bragg, North Carolina, Special Orders Number 114, dated 18 May 1971; Headquarters, U.S. Army John F. Kennedy Center for Military Assistance, Fort Bragg, North Carolina, Special Orders Number 185, dated 17 August 1971;
DA Form 2496-1 (Disposition Form), dated 27 September 1971; DA Form 1306 (Statement of Jump and Loading Manifest), dated 5 November 1971; Headquarters, U.S. Army John F. Kennedy Center for Military Assistance, Fort Bragg, North Carolina, Special Orders Number 253, dated 15 November 1971; 
DA Form 1306 (Statement of Jump and Loading Manifest), dated 21 December 1971; DA Form 2496 (Disposition Form), dated 10 January 1972; FB Form
1456-R (Certificate of Achievement), dated 25 February 1972; USAEEC Form 10 (Enlisted Evaluation Data Report), dated 24 April 1972; Headquarters, U.S. Army John F. Kennedy Center for Military Assistance, Fort Bragg, North Carolina, Special Orders Number 37, dated 22 February 1972; Headquarters, U.S. Army Primary Helicopter Center/School and Fort Wolters, Fort Wolters, Texas, Special Orders Number 57, dated 16 March 1972; DA Form 87 (Certificate of Training), dated 11 May 1972; DA Form 348 (Equipment Operator’s Qualification Record), dated 12 May 1972; Headquarters, U.S. Army Primary Helicopter Center/School and Fort Wolters, Fort Wolters, Texas, Special Orders Number 113, dated 1 June 1972; Headquarters, U.S. Army Primary Helicopter Center/School and Fort Wolters, Fort Wolters, Texas, Special Orders Number 129, dated 21 June 1972; Headquarters, U.S. Army Air Defense Center and Fort Bliss, Fort Bliss, Texas, Quarters Letter Orders 7-444-1, dated 20 July 1972; DA Form 87 (Certificate of Training), dated 6 October 1972; DA Form 2166-4 (Enlisted Efficiency Report), dated 24 October 1972; Headquarters, U.S. Army Air Defense Center and Fort Bliss, Fort Bliss, Texas, Special Orders Number 242, dated 6 December 1972; FBH Form 2-234 (U.S. Army Adjutant General School, Certificate of Completion), dated 20 April 1973; DA Form 2166-4 (Enlisted Efficiency Report), dated 25 June 1973; U.S. Army Noncommissioned Officer Academy, Fort Riley, Kansas, Certificate of Training, dated 16 November 1973; and Headquarters, U.S. Army Air Defense School, Fort Bliss, Texas, Special Orders Number 183, dated
21 December 1973.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on
7 March 1996, the date of his separation from the Army National Guard (ARNG). The application submitted in this case is dated 23 November 2006.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s prior service Official Military Personnel File (OMPF) was not available to the Board for review.  However, there were sufficient documents remaining in the applicant’s DA Form 201 (Military Personnel Records Jacket (MPRJ)) for the Board to conduct a fair and impartial review of this case.

4.  The applicant's military service records contain a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 22 October 1964.  This document shows that he enlisted on 4 September 1963, served on active duty in the Regular Army (RA) from 4 September 1963 to 22 October 1964, and was honorably discharged for the purpose of immediate reenlistment.  This document also shows, in pertinent part, that the applicant completed 1 year, 1 month, and 19 days net active service during this period.

5.  The applicant's military service records contain a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 20 October 1967.  This document shows that he served on active duty in the RA from 23 October 1964 through 20 October 1967 and was honorably released from active duty (REFRAD) for transfer to the U.S. Army Reserve (USAR).  This document also shows, in pertinent part, that the applicant completed 2 years, 11 months, and 27 days net active service during this period; that he had 1 year, 1 month, and 9 days other service creditable for basic pay purposes; and that his total service and total active service completed was
4 years, 1 month, and 6 days.

6.  The applicant's military service records contain a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 25 September 1977.  This document shows that he served on active duty in the RA from 26 September 1973 through 25 September 1977 and that he was honorably discharged from the RA.  This document also shows, in pertinent part, that the applicant completed 4 years net active service during this period and that he had 6 years, 8 months, and 25 days prior active service.  Item 6a (Grade, Rate or Rank) and Item 6b (Pay Grade) show that he was discharged in the rank of Specialist 6 (SP6)/pay grade E-6.  Item 7 (Date of Rank) shows his date of rank (DOR) was 6 December 1972.  Item 16a (Primary Specialty Number and Title) of this document shows that the applicant’s primary military occupational specialty (MOS) was 71D2O (Legal Clerk) and that he was awarded the MOS on 6 December 1972.  Item 16b (Secondary Specialty Number and Title) shows that the applicant’s secondary MOS was 71L4O (Administrative Specialist) and that he was awarded the MOS on 1 December 1973.  Item 25 (Personnel Security Investigation), block a (Type) and block b (Date Completed), show that an Entrance National Agency Check (ENTNAC) was completed on the applicant on 17 May 1971.

7.  The applicant's military service records contain a DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 18 October 1989.  This document shows that he served on active duty in the USAR from
2 March 1988 through 18 October 1989 for the purpose of attending the Practical Nurse Course, that he was honorably released from active duty training (ADT) on 18 October 1989, and transferred to the 313th Mobile Army Surgical Hospital (MASH), Vancouver Barracks, Vancouver, Washington.  This document also shows, in pertinent part, that the applicant completed 1 year, 7 months, and
17 days net active service during this period and that he had 12 years, 1 month, and 12 days total prior active service.

8.  The applicant's military service records contain a DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 18 April 1991.  This document shows that he served on active duty in the Army National Guard of the United States (ARNGUS) from 15 November 1990 through 18 April 1991 for the purpose of active duty for special work (ADSW), was honorably REFRAD on 18 April 1991, and transferred to the ARNG of Arizona.  This document also shows, in pertinent part, that the applicant completed 5 months and 4 days net active service during this period and that he had 12 years, 4 months, and 12 days total prior active service.

9.  The applicant's military service records contain a DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 2 August 1991. This document shows that he served on active duty in the ARNG from 24 April 1991 through 2  August 1991, was REFRAD on 2 August 1991, and transferred to the ARNG of Arizona.  This document also shows, in pertinent part, that the applicant completed 3 months and 9 days net active service during this period.

10.  The applicant's military service records contain a DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 30 June 1992.  This document shows that he served on active duty in the ARNGUS from
29 August 1991 through 30 June 1992 for the purpose of ADSW, was honorably REFRAD on 30 June 1992, and transferred to the ARNGUS of Arizona.  This document also shows, in pertinent part, that the applicant completed 10 months and 2 days net active service during this period and that he had 13 years,
0 months, and 25 days total prior active service.

11.  The applicant's military service records contain a DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 31 October 1992.  This document shows that he served on active duty in the ARNGUS from 16 July 1992 through 31 October 1992 for the purpose of ADSW, was honorably REFRAD on 31 October 1992, and transferred to the ARNGUS of Arizona.  This document also shows, in pertinent part, that the applicant completed 3 months and 15 days net active service during this period and that he had 13 years,
10 months, and 27 days total prior active service.

12.  The applicant's military service records contain a NGB Form 22 (Report of Separation and Record of Service), with an effective date of 7 March 1996.  This document shows that he served in the ARNGUS of Colorado from 8 March 1990 through 7 March 1996 and was honorably separated from the ARNGUS of Colorado on 7 March 1996.  This document also shows, in pertinent part, that the applicant completed 6 years net service during this period and that he had
12 years, 4 months, and 12 days prior active service

13.  The applicant’s Total Army Personnel Data Base (TAPDB) electronic record, accessible via the U.S. Army Human Resources Command (USA HRC) Integrated Web Services (IWS) portal contains , in pertinent part, the applicant’s Retirement Points Summary and Retirement Points Details.  This record shows that the applicant enlisted in the RA on 4 September 1963 and served continuously in the RA through 20 October 1967.  This record also shows that the applicant entered the USAR on 21 October 1967 and served continuously in the USAR through 3 September 1969.  This document further shows, in pertinent part, the applicant had a break in service from 4 September 1969 through 25 September 1973 and that he reentered the RA on 26 September 1973.  This document also shows, in pertinent part, that the applicant’s service in the ARNG terminated on 7 September 1996 and that he is credited with 18 years, 1 month, and 14 days of qualifying service for reserve retirement.  In addition, this record shows, in pertinent part, that the applicant was born on 4 September 1946 and that his grade of rank is staff sergeant (E-6).

14.  In support of his application, the applicant provides 24 documents, with dates ranging from 25 February 1971 through 21 December 1973.  These documents show, in pertinent part, that the applicant was reassigned from the U.S. Army Reception Station, Fort Lewis, Washington to Company E,
3rd Battalion, 1st Basic Combat Training Brigade, Fort Lewis, Washington, on
25 February 1971; held the rank of specialist 4 (E-4) on 23 April 1971; held MOS 71B3P on 18 May 1971; was promoted in MOS 71B3P to the rank of specialist 5 (E-5), effective and with a date of rank of 11 August 1971; qualified as a parachutist and was placed on “Jump” status, effective 15 July 1971; was recommended for promotion to staff sergeant (E-6) on 10 January 1972; served as Administrative Specialist, G1 Section (USAJFKCENMA) from 19 May 1971 to 25 February 1972; received an MOS Evaluation Score of 112 in MOS 71B2P (August 1971); was reassigned from the U.S. Army John F. Kennedy Center for Military Assistance, Fort Bragg, North Carolina to the U.S. Army Primary Helicopter School, Fort Wolters, Texas in March 1972; failed to complete the course of instruction, effective 15 May 1972; performed duties as Senior Clerk Typist (Duty MOS 71B3O) while assigned to Headquarters and Headquarters Battery, 4th Battalion, 62nd Artillery, Fort Bliss, Texas, from July 1972 through November 1972; was promoted to the rank of specialist 6 (E-6) in MOS 71D2O, effective 6 December 1972; completed the Legal Clerk Course at Fort Benjamin Harrison, Indiana on 20 April 1973; performed duties as Legal Clerk (Duty MOS 71D2O) while assigned to Headquarters and Headquarters Battery, 4th Battalion,
62nd Artillery, Fort Bliss, Texas, from December 1972 through May 1973; completed the Noncommissioned Officer Academy Course, Fort Riley, Kansas on 16 November 1973; and was awarded MOS 71L4O as his secondary MOS, effective 1 December 1973.

15.  Army Regulation 635-5 (Personnel Separation - Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.  Section III provided instructions for the preparation and distribution of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Enlisted Qualification Record, Officer Qualification Record, or any other document authorized for filing in the Official Military Personnel File (OMPF).  However, during the period of service under review, there was no requirement to issue a DD Form 214 to a member who, while on active duty, reenlisted and remained on active duty.

16.  Army Regulation 135-180 (Qualifying Service for Retired Pay Non-Regular Service) implements statutory authorities governing the granting of "retired pay" to Soldiers and former Reserve Component Soldiers.  Chapter 2 provides eligibility criteria and, in pertinent part, states that in order to qualify for non-regular retirement, a member must have attained age 60, completed a minimum of 20 years of qualifying service, and served the last 6 years of his or her qualifying service as a Reserve Component Soldier.  Paragraph 2-8 defines qualifying service and states, in pertinent part, that a Reserve Component Soldier must earn a minimum of 50 retirement points each retirement year to have that year credited as qualifying service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his records should be corrected to show that he served on active duty during the period February 1971 to September 1973, that his primary MOS was 71D2O, and his grade at that time was E-6.

2.  The evidence of record shows that the applicant served on active duty (AD) in the RA from 4 April 1963 through 22 October 1964.  The applicant’s DD Form 214, with an effective date of 22 October 1964, properly documents this period of AD service which equates to 1 year, 1 month, and 19 days net active service.

3.  The evidence of record shows that the applicant continued to serve on AD from 23 October 1964 through 20 October 1967.  The applicant’s DD Form 214, with an effective date of 20 October 1967, shows that he completed 2 years,
11 months, and 27 days net active service during this period; 1 year, 1 month, and 9 days other service; and 4 years, 1 month, and 6 days total service and total active service.  However, computation of the applicant’s net active service this period shows that he actually completed 2 years, 11 months, and 28 days.  In addition, the “Other Service” is also incorrectly recorded on this document as the applicant was previously credited with completing 1 year, 1 month, and 19 days (emphasis added) during his initial period of AD service.  Further, as a result of these corrections, the applicant’s total service and total active service then equates to 4 years, 1 month, and 17 days.  Therefore, the applicant is entitled to correction of this document.

4.  The evidence of record shows that the applicant served on AD in the RA from 26 September 1973 through 25 September 1977.  The applicant’s DD Form 214, with an effective date of 25 September 1977, properly documents this period of AD service which equates which equates to 4 years net active service.  In addition, this document shows the applicant was credited with the completion of 6 years, 8 months, and 25 days prior active service.

5.  The applicant’s records are absent any DD Forms 214 documenting his AD service subsequent to 20 October 1967 and prior to 26 September 1973.  Nonetheless, based on the evidence of record (i.e., the applicant’s DD Forms 214, with effective dates of 22 October 1964, 20 October 1967, and
25 September 1977) and the numerous documents the applicant provides in support of his request, it can be verified that the applicant served on active duty during the period under review.  In addition, the net active service actually completed during this period can be determined, along with the period of AD service.

     a.  Adding the applicant’s first two RA AD periods of service, this prior active service equates to 4 years, 1 month, and 17 days.  Subtracting this prior active service from the total prior active service of 6 years, 8 months, and 25 days results in a remaining balance of 2 years, 7 months, and 8 days of prior active service.

     b.  The applicant’s DD Form 214, with an effective date of 25 September 1977, shows that the date entered active duty this period was 26 September 1973.  Thus, by subtracting the remaining balance of 2 years, 7 months, and
8 days of prior service from this entry AD date, it can be determined the applicant entered AD during the period under review on 18 February 1971.  Thus, the applicant’s DD Forms 214, along with the numerous documents the applicant provides in support of his claim, offer substantial evidence to support the fact that the applicant completed 2 years, 7 months, and 8 days of active service during the period 18 February 1971 through 25 September 1973.  Therefore, the applicant is entitled to correction of his records to show this service.

6.  This correction of records, as outlined above, will allow the applicant to attain 20 qualifying years of service for retired pay at age 60.


7.  A Survivor Benefit Plan (SBP) election must be made prior to the effective date of retirement or the SBP will, by law, default to automatic SBP spouse coverage (if married).  This correction of records may have an effect on the applicant's SBP status/coverage.  The applicant is advised to contact his nearest Retirement Services Officer (RSO) for information and assistance immediately.  A listing of RSOs by country, state, and installation is available on the Internet at: http://www.armyg1.army.mil/RSO/rso.asp

8.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 7 March 1996; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
6 March 1999.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

___KAN _  ___SAP _  ___EEM_  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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:

     a.  showing the following corrections to the applicant's DD Form 214, with an effective date of 20 October 1967:

Item 22  Statement of Service  (Years, Months, Days)
    Section a.  Creditable for Basic Pay Purposes
    Block (1)  Net Service This Period
    Delete:  "2  11  27"
    Add:      "2  11  28"

    Block (2)  Other Service
		    Delete:  "1  1    9"
		    Add:      "1  1  19"

    Block (3)  Total
    Delete:  "4   1   6"
    Add:      "4  1  17"

    Section b.  Total Active Service
		    Delete:  "4  1    6"
		    Add:      "4  1  17"

     b.  Issuing an appropriate document to show the applicant served on active duty during the period 18 February 1971 through 25 September 1973 in MOS 71D2O, was promoted to the rank of specialist 6 (E-6), effective and with a date of rank of 6 December 1992, and that he completed 2 years, 7 months, and
8 days net active service during this period;
	
     c.  correcting the applicant’s Retirement Points Summary and Retirement Points Details maintained in the Total Army Personnel Data Base (TAPDB), U.S. Army Human Resources Command Integrated Web Services (IWS) online system to reflect the foregoing corrections; and

     d.  as a result of the above corrections, certify the applicant eligible for retired pay, in the rank of staff sergeant/pay grade E-6, effective upon the applicant’s 60th birthday.

2.  As a result of the foregoing corrections, the Defense Finance and Accounting Service (DFAS) shall be notified of the Board's determination and:
 
     a.  conduct a review of the applicant's reserve component and retired reserve pay accounts, which considers this additional RA active duty creditable service from 18 February 1971 through 25 September 1973;

     b.  notify the applicant of the results of the review concerning his reserve component and retired reserve pay accounts; and

	(1)  provide him all reserve component back pay and allowances (less any withholdings and/or deductions) that may be due as a result of this correction of records; and

	(2)  provide him all retired reserve back pay due from 1 October 2006 through the present (less any withholdings and/or deductions), factoring in his additional creditable active duty service and length of service for pay.




____Kathleen A. Newman____
          CHAIRPERSON



INDEX

CASE ID
AR20060016676
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/07/10
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19960307
DISCHARGE AUTHORITY
NGR 600-200, Paragraph 8-26X
DISCHARGE REASON
Expiration Term of Service
BOARD DECISION
GRANT
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.

2.

3.

4.

5.

6.