RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  21 August 2007
	DOCKET NUMBER:  AR20070001959 


	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:


Mr. Conrad V. Meyer

Chairperson

Mr. Dale E. DeBruler

Member

Ms. Ernestine I Fields

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 the record of creditable service shown on his discharge document.

2.  The applicant states, in effect, that his Retirement Credits Record that documents his service in the Army National Guard (ARNG) was corrected, but he received the corrected document after he retired from the Regular Army (RA). The applicant also states, in effect, that this correction will change his overall record of creditable service and retired pay.

3.  The applicant provides a copy of State of West Virginia, Office of the Adjutant General, Military Personnel Office, Charleston, West Virginia, memorandum, dated 28 April 1993; NGB Form 23 (ARNG Retirement Credits Record), dated
28 April 1993; State of West Virginia, Office of the Adjutant General, Military Personnel Office, Charleston, West Virginia, memorandum, dated 14 March 1989, subject: Request for Information; NGR Form 22 (Report of Separation and Record of Service), with an effective date of 15 October 1978; DA Form 1506 (Statement of Service for Computation of Length of Service for Pay Purposes), dated 24 August 1989; and DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 31 December 1991.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military service records contain a DD Form 214, with an effective date of 22 November 1976, which shows the applicant was honorably discharged from the RA in the rank of staff sergeant (SSG)/pay grade E-6.  This document also shows the applicant entered active duty during this period on 
23 October 1970 and Item 18 (Record of Service) shows that he completed 
6 years, 1 month, and 0 days net active service this period; 2 years, 6 months, and 12 days prior active service; 8 years, 7 months, and 12 days total active service; and 0 years, 0 months, and 0 days prior inactive service.

3.  The applicant's military service records contain an NGB Form 23, undated, for Retirement Year: 3 December - 2 December.  Item 5 (Active Duty, Active Duty Training or Full-Time Training Duty) of this document shows that the applicant was credited with the following service:  20 – 22 July 1977 (3 points); 23 July 1977 – 6 August 1977 (15 points); 15, 17 – 18 September 1977 (3 points); and 13 – 27 May 1978 (15 points); for a total of 36 points (emphasis added).

4.  The applicant's military service records contain an NGB Form 22 (National Guard Bureau Report of Separation and Record of Service in the Army National Guard of West Virginia and as a Reserve of the Army), with an effective date of
15 October 1978, which shows the applicant was honorably discharged from the ARNG in the rank of staff SSG/pay grade E-6.  Item 11 (Record of Service) of this document shows that he completed 1 year, 10 months, and 13 days net service this period; 8 years, 7 months, and 12 days prior service; and 10 years,
5 months, and 25 days total service for pay.

5.  The applicant's military service records contain a copy of Headquarters,
U.S. Total Army Personnel Command, Special Computations Section, Officer Retirement and Separation Branch, Alexandria, Virginia, memorandum, dated
17 July 1989, subject: Computation of Service [Applicant’s Name and Social Security Number] and a DAPC-OPP-R Form 185 (Computation of Officer’s Service), dated 31 July 1989.  These documents show that a computation of service was prepared based on information contained in the applicant’s Official Military Personnel File (OMPF).  The DAPC-OPP-R Form 185 shows, in pertinent part, under Total Service for Pay Purposes (including periods of active duty) the applicant was credited, as follows:  Enlisted RA:  11 April 1968 to 22 November 1976  (8 years, 7 months, and 12 days) and Enlisted NG:  3 December 1976 to 29 August 1978 (emphasis added) (1 year, 8 months, and 27 days).  This document also shows, in pertinent part, the applicant was credited with the following Active Federal Service:  Enlisted RA:  11 April 1968 to 22 November 1976 (8 years, 7 months, and 12 days) and Enlisted NG:  20 July 1977 to
6 August 1977 (18 days), 15 September 1977 to 15 September 1977 (1 day),
17 September 1977 to 18 September 1977 (2 days), and 13 May 1978 to 27 May 1978 (15 days).  This document further shows that the applicant’s Basic Pay Entry Date (BPED) is 13 April 1970 and Basic Active Service Date (BASD) is
4 December 1971.


6.  The applicant's military service records contain a copy of a DA Form 1506, dated 24 August 1989, prepared by the chief warrant officer serving as the Assistant Military Personnel Officer, 378th Personnel Service Company.  This document shows, in pertinent part, that the applicant was credited with Enlisted RA active service from 11 April 1968 to 22 November 1976 (8 years, 7 months, and 12 days) and Enlisted NG service from 3 December 1976 through
15 October 1978 (emphasis added), with the following active service:  20 July 1977 to 6 August 1977 (18 days), 15 September 1977 to 15 September 1977
(1 day), 17 September 1977 to 18 September 1977 (2 days), and 13 May 1978 to 27 May 1978 (15 days).  This document further shows that the applicant’s Pay Entry Basic Date (PEBD) is 13 April 1970 and BASD is 4 December 1971.

7.  The applicant's military service records are absent evidence of any non-pay period or time lost during the periods of service under review.

8.  The applicant's military service records contain a DD Form 214, with an effective date of 31 December 1991, which shows the applicant honorably retired from active duty in the rank of captain (CPT)/pay grade O-3.  Item 12 (Record of Service) shows that the applicant entered active duty this period on 22 August 1980 and separated from active duty on 31 December 1991.  This item also shows, in pertinent part, that the applicant was credited with completing 11 years, 4 months, and 9 days net active service this period; 8 years, 8 months, and
18 days prior active service; and 1 year, 7 months, and 21 days prior inactive service.

9.  In support of his application, the applicant provides, in pertinent part, a copy of State of West Virginia, Office of the Adjutant General, Military Personnel Office, Charleston, West Virginia, memorandum, dated 28 April 1993 and NGB Form 23, reconstructed on 28 April 1993, for Retirement Year: 3 December –
2 December.  Item 5 (Active Duty, Active Duty Training or Full-Time Training Duty) of this document shows that the applicant was credited with the following service: 23 – 24 April 1977 (2 points) (emphasis added); 20 – 22 July 1977
(3 Points); 23 July 1977 – 6 August 1977 (15 points); 15, 17 – 18 September 1977 (3 points); and 13 – 27 May 1978 (15 points); for a total of 38 points (emphasis added).  These documents confirm, in pertinent part, that the applicant was credited with 2 additional days of active duty training.

10.  Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's retirement, 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.  Chapter 2 contains guidance on the preparation 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 Personnel Qualification Record (PQR), Enlisted/Officer Qualification Record, or any other document authorized for filing in the Official Military Personnel File (OMPF).

11.  Table 2-1 (DD Form 214 Preparation Instructions) of the Separation Documents regulation contains item-by-item instructions for completing the
DD Form 214.  The instructions for completing Item 12 (Record of Service) are as follows:  Block a (Date Entered AD This Period) - enter the beginning date of the enlistment period or tour of active duty for which a DD Form 214 was not issued under the provisions of paragraph 1-4b(5); Block b (Separation Date This Period) – enter the separation date this period; Block c (Net Active Service This Period) – enter the amount of service this period; Block d (Total Prior Active Service) – enter total amount of prior active military service; Block e (Total Prior Inactive Service) – enter the total amount of prior inactive service.  In addition, for Block c, Block d, and Block e, it also instructs that all service entered will be less time lost under Title 10, United States Code, Section 972, and time lost after expiration of term of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, his discharge document should be corrected to accurately reflect his total active service and total creditable service for pay.

2.  The evidence of record shows that the applicant’s record of creditable service in the ARNG was corrected subsequent to the date the applicant retired from active duty.  The evidence of record also shows that this correction resulted in the applicant being credited with 2 additional days of active service based on his active duty training service during the period 23 – 24 April 1977.  Thus, the applicant provides evidence to substantiate his claim that his DD Form 214, with an effective date of 31 December 1991, does not reflect credit for the 2 days of active duty training during the period 23 – 24 April 1977.  Therefore, the applicant is entitled to correction of his records to show 2 additional days of prior active service.  In addition, based on the foregoing, the applicant’s BASD should be corrected to read 2 December 1971.  However, based on the applicant’s continuous period of creditable service for pay immediately prior to, during, and immediately after this particular period of service, this period of active service and the resulting adjustment to his active service (i.e., BASD) does not affect the applicant’s total creditable service for pay purposes (i.e., BPED).


3.  The applicant's claim has resulted in the discovery that the DD Form 214, with an effective date of 31 December 1991, does not accurately document his prior inactive service and, in turn, his total creditable service for pay.  The evidence of record shows that the applicant served in the ARNG from 3 December 1976 through 15 October 1978 and that he completed 1 year, 8 months, and 25 days inactive service and 1 month and 8 days active service; for a total of 1 year,
10 months, and 3 days creditable service during this period.  However, the applicant’s DD Form 214, with an effective date of 31 December 1991, shows, in pertinent part, that he was credited with 1 year, 7 months, and 21 days total prior inactive service (which also includes the 2 additional days of active service). Therefore, the applicant’s military service records should be corrected to show he completed 1 year, 8 months, and 25 days prior inactive service.  This, in turn, results in a corresponding adjustment of 1 month and 6 days to his BPED, which should be corrected to read 7 March 1970.

BOARD VOTE:

___CVM_  ___DED_  ___ERM _  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 showing the following corrections to the applicant's DD Form 214, with an effective date of 31 December 1991:

	a.  Item 12d.  Total Prior Active Service
			 Delete:  "08  08  18"
			 Add:      "08  08  20"

	b.  Item 12e.  Total Prior Inactive Service
			 Delete:  "01  07  21"
			 Add:	    "01  08  25"

2.  As a result of the foregoing corrections, the Defense Finance and Accounting Service shall be notified of the Board's determination that the applicant is now credited with a total of 20 years, 00 months, and 29 days for voluntary retirement and 21 years, 09 months, and 24 days for basic pay and:

     a.  conduct a review of the applicant's ARNG, RA, and retired pay accounts, which considers this additional active duty and length of creditable service;

     b.  notify the applicant of the results of the review concerning his active duty and retired pay accounts;

     c.  provide him all active duty back pay and allowances (less any withholdings and/or deductions) due through 31 December 1991; and

     d.  provide him all retired back pay due from 1 January 1992 through the present (less any withholdings and/or deductions), factoring in his additional creditable active duty service and length of service for pay, minus any retired pay he received during this period.




____Conrad V. Meyer____
          CHAIRPERSON




INDEX

CASE ID
AR20070001959
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/08/21
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19911231
DISCHARGE AUTHORITY
AR 635-100, Paragraph 4-27
DISCHARGE REASON
Retirement – Failure of Selection for Promotion
BOARD DECISION
GRANT
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
110.0100.0000
2.
129.0100.0000
3.

4.

5.

6.