RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 24 July 2007
DOCKET NUMBER: AR20070001788
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. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. John Infante
Chairperson
Ms. Rose M. Lys
Member
Mr. James R. Hastie
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 her Data for Retired Pay (DA Form 3713) and Retirement Letter dated 23 June 1993, to show her correct period of active military service.
2. The applicant states that she was ill at the time of her retirement and did not notice the error on the reverse of her retirement letter.
3. The applicant provides copies of her Certificate of Release or Discharge from Active Duty (DD Form 214), and her retirement letter dated 23 June 1993.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice which occurred on 23 June 1993, the date of her retirement due to physical disability. The application submitted in this case is dated 25 January 2007.
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 applicants failure to timely file.
3. On 1 September 1970, the applicant entered active duty as a United States Army Reserve Soldier, in the rank of private first class, pay grade E3, for duty as a student nurse at Walter Reed Army Medical Center.
4. On 31 May 1974, the applicant was released from active duty. She had completed 3 years and 9 months of creditable active duty.
5. On 11 July 1974, the applicant entered the Regular Army. She was awarded specialty 66H9B (Medical-Surgical Nurse) and served until her retirement due to physical disability on 23 June 1993. She had attained the rank of lieutenant colonel, pay grade O5, and had completed a total of 22 years, 8 months and
13 days of creditable active military service.
6. The applicants DD Form 214 for the period ending on 23 June 1993, shows in Item 12 (Record of Service) that she entered active duty this period on 11 July 1974 and was retired effective 23 June 1993, for a period of net active service of
18 years, 11 months, and 12 days. [This is a mathematical error. It should read 13 days.]
7. On 23 June 1993, the Director for Retired/Annuitant Pay, Defense Finance and Accounting Service (DFAS) issued the applicant a letter of welcome to the retired rolls of the United States Army. The reverse side of this letter indicates that her retirement date was 24 June 1993, in the retired pay grade of O5. It shows her service for basic pay as 22 years, 9 months and 23 days. [This includes 1 month and 11 days of inactive Reserve time from 1 June to 10 July 1974.] Her service for retired pay is shown as 18 years, 11 months and 13 days.
8. DA Form 3713 (Data for Retired Pay) shows in Item 26 (Computation of Years of Service Credited for Retirement or Retired Pay) 18 years, 11 months, and
13 days.
DISCUSSION AND CONCLUSIONS:
1. The evidence clearly shows that the applicant served on active duty for a total of 22 years, 8 months, and 13 days and had 22 years, 9 months and 23 days of creditable service for retired pay.
2. Therefore, her records should be corrected to show that she had 22 years,
8 months and 13 days of active duty creditable for retirement.
3. Item 12 (Record of Service) of the Applicants DD Form 214 for the period ending 23 June 1993, incorrectly shows on line 12c (Net Active Service This Period) 18 years, 11 months and 12 days. This is a mathematical error and should be corrected to read 18 years, 11 months and 13 days.
4. Records show the applicant should have discovered the alleged error or injustice now under consideration on 23 June 1993; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
22 June 1996. The applicant did not file within the 3-year statute of limitations; however, based on the available evidence or argument, it would be in the interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
__ JRH __ __JI ____ __RML _ 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:
a. Reissuing her retirement letter to correct that portion showing that she had completed 18 years, 11 months, and 13 days, to read as 22 years, 8 months and 13 days of active duty service; and
b. correcting all related records at DFAS to show that she has completed 22 years, 8 months and 13 days of active duty service;
c. correcting Item 12c of her DD Form 214 for the period ending 23 June 1993, to read 18 years, 11 months, and 13 days.
__ John Infante ______
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
DATE BOARDED
20070724
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
136.0200
2.
3.
4.
5.
6.
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