RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  12 June 2007
	DOCKET NUMBER:  AR20060016857 


	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

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Ms. LaVerne M. Douglas

Chairperson

Mr. Edward E. Montgomery

Member

Ms. Rea M. Nuppenau

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 item 2 (Department, Component, and Branch), of her DD Form 214 (Certificate of Release or Discharge from Active Duty), and that she be transferred to the Retired Reserve. 

2.  The applicant states, in effect, that she works for the VA (Department of Veterans Affairs).  In order to obtain retirement credit however, the documentation is confusing to the personnel department.  She was in the US Army Reserve (USAR) but her DD Form 214 listed her as "ARNG (Army National Guard)/USAR."

3.  The applicant provides a copy of her DD Form 214 in support of her request. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 27 October 1987, the date of her discharge.  The application submitted in this case is dated 14 November 2006, but was received for processing on 7 December 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 military records show she enlisted in the USAR on 17 October 1980, in pay grade E-3, for 6 years, with an established expiration term of service (ETS) of 16 October 1986.  She was ordered to initial active duty for training (IADT) on 6 March 1981.  She successfully completed basic combat training at Fort McClellan, Alabama, and advanced individual training at Fort Sam Houston, Texas.  On completion of her advanced training, she was awarded the military occupational specialty (MOS), 91B, Medical Specialist.  She was released from IADT and was return to a TPU (troop program unit), on 6 June 1981.




4.  The applicant was advanced to E-4 effective 13 June 1981.  

5.  The applicant’s DD Form 214, dated 4 July 1983, shows she was ordered to ADT on 16 August 1982 and was released from ADT on 4 July 1983. 

6.  Item 2 (Department, Component and Branch), of her DD Form 214, dated 4 July 1983, shows the entry "ARNG/USAR."

7.  On 20 September 1986, the applicant extended her enlistment for 1 year.  A new ETS of 16 October 1987 was established for her.

8.  The applicant was promoted to staff sergeant (SSG/E-6) effective 14 December 1986.

9.  On 3 October 1987, the applicant submitted a request for voluntary discharge, due to her ETS, of 16 October 1987.  Her request was approved on 20 October 1987.

10.  On 27 October 1987, the applicant was released from her TPU and was honorably discharged from the USAR, with an effective date of 27 October 1987, in the rank of SSG.

11.  The applicant's Summary of Retirement Points shows that she had completed 3 years of qualifying service for retirement purposes.  

12.  Army Regulation 135-178 establishes the policies, standards, and procedures governing the administrative separation of enlisted Soldiers from the Reserve Components.  Paragraph 1-3 states, in pertinent part, that orders discharging a Soldier would not be revoked or the effective date changed, after the effective date of discharge, unless there was evidence of manifest error or fraud.  After the effective date of discharge, orders can be amended by the separation authority only to correct manifest errors such as the wrong character of service or to correct administrative errors such as rank, social security number, or misspelled name.

13.  Army Regulation 140-10 sets forth the basic authority for the assignment, attachment, detail, and transfer of USAR Soldiers.  Chapter 7 of the regulation relates to the removal of Soldiers from an active status and states, in pertinent part, that Soldiers removed from an active status will be discharged or, if qualified
and if they so request, will be transferred to the Retired Reserve.


14.  Paragraph 6, of the same regulation, pertains to eligibility for transfer to the Retired Reserve.  It states that assignment to the Retired Reserve is authorized and Soldiers must request transfer if they:  

	(1)  Are entitled to receive retired pay from the U.S. armed forces because of prior military service; 

(2)  Have completed a total of 20 years of active or inactive service in the U.S. armed forces; 
(3)  Are medically disqualified for AD (active duty) resulting from a service-connected disability; 
(4)  Were appointed based on the condition the soldier immediately apply for transfer to the Retired Reserve; 
(5)  Reached the age of 37 and completed a minimum of 8 years of qualifying Federal service; 
(6)  Reached the age of 37, completed a minimum of 8 years of qualifying Federal service and served at least 6 months of AD in time of war or national emergency. (Service performed after 1 July 1949 is also creditable.) 
(7)  Completed 10 or more years of active Federal commissioned service; and
(8)  Are medically disqualified, not as a result of own misconduct, for retention in an active status or entry on AD, regardless of the total years of service completed. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence clearly shows that she enlisted in the USAR and continued to serve in the USAR until she was honorably discharged due to her ETS.  Her DD Form 214, dated 4 July 1983, listed her component as "ARNG/USAR".  Her records failed to show that she had ever served in the ARNG.  Therefore, item 2, of her DD Form 214, date 4 July 1983, is incorrect and should therefore show the correct entry of "USAR" instead of the entry "ARNG/USAR."

2.  The applicant completed 3 years of qualifying service for retirement purposes. There is no evidence to show that she met the criteria for eligibility for transfer to the Retired Reserve.  Therefore, there is an insufficient basis upon which to approve her request for transfer to the Retired Reserve. 

3.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 27 October 1987; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 26 October 1990.  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:

________  ________  ________  GRANT FULL RELIEF 

___LD___  __r_____  ___EM __  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 partial 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 the entry "USAR," in item 2 (Department, Component and Branch), of her DD Form 214.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the applicant's request that she be transferred to the Retired Reserve.  




_____LaVerne M. Douglas______
          CHAIRPERSON




INDEX

CASE ID
AR20060016857
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070612
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19871027
DISCHARGE AUTHORITY
AR .135-178/140-10
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
136
2.

3.

4.

5.

6.