RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  28 August 2007
	DOCKET NUMBER:  AR20070004519 


	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. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. Paul M. Smith

Chairperson

Mr. Rodney E. Barber

Member

Mr. Rowland C. Heflin

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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show 3 years of active reserve status service.

2.  The applicant states that he needs all his points reflected on his DD Form 214 when he retires.

3.  The applicant did not provide any documentation in support of his request. 

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 records show that he enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program (DEP) on 29 September 1982.  He was discharged from the DEP and enlisted in the Regular Army on 23 November 1982 for a period of 3 years. 

3.  The applicant's records further show that he was honorably released from active duty and transferred to the USAR Control Group (Reinforcement) on 18 November 1985.  The DD Form 214 he was issued shows that he was discharged under chapter 4 of Army Regulation 635-200 (Personnel Separations) due to expiration of term of service.  The form also confirms he completed 2 years, 11 months, and 26 days of creditable active military service and 1 month and 24 days of inactive service. 

4.  U.S. Army Reserve Personnel Center, Saint Louis, Missouri, Orders Number L-02-004572, dated 5 February 1986, show that the applicant was released from the USAR Control Group (Reinforcement) and reassigned to a Troop Program Unit (TPU) in Pasadena, California, effective 1 February 1986.
5.  On 30 September 1988, the applicant reenlisted in the USAR for a period of 6 years.

6.  Headquarters, 63rd U.S. Army Reserve Command Center, Los Alamitos, California, Orders Number 029-029, dated 19 June 1990, show that the applicant was released from his TPU unit of assignment and reassigned to the USAR Control Group (Reinforcement) effective 10 June 1990.

7.  U.S. Army Reserve Personnel Center, Saint Louis, Missouri, Orders Number D-08482654, dated 30 September 1994, show that the applicant was honorably discharged from the USAR.  The Orders were stamped with the entry "Subject being discharged although assigned to this organization, is not present for duty.  Discharge certificate and discharge orders are being mailed to last known address this date 12 October 1994." 

8.  The applicant's ARPC Form 249-2-E (Chronological Statement of Retirement Points) issued by the U.S. Army Reserve Personnel Command, Saint Louis, Missouri, captures the applicant's service in the USAR and shows that he had completed 6 years, 7 months, and 2 days of qualifying years for retirement.  There is no record to show that he was issued, nor was he eligible to have issued, a notification of qualification for retired pay at age 60 (20-Year Letter).

9.  Army Regulation 635-5 (Separations Documents), in effect at the time, governed the preparation of the DD Form 214.  This regulation specified that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  It also states, in pertinent part, that the DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  The date the Soldier entered active duty status will be entered in Item 12a.  The last date of active duty will be entered in Item 12b.

10.  Section I of Army Regulation 635-5 states, in pertinent part, that the DD Form 214 will be prepared for Reserve Component (RC) Soldiers completing 90 days or more of continuous duty for training (ADT), Full-Time National Guard Duty (FTNGD), active duty for special work (ADSW), temporary tour of active duty (TTAD), or Active Guard Reserve (AGR) service.  The DD Form 214 will also be issued to RC Soldiers separated for cause or physical disability, mobilized, or when completing initial ADT that results in the award of a military occupation specialty (MOS) even when the period is less than 90 days. 


11.  Sections 12731 through 12739 of Title 10, US Code, authorize retired pay for Reserve Component (RC) military service.  Under this law, a Reserve Soldier must complete a minimum of 20 qualifying years of service to be eligible for retired pay at age 60.  After 1 July 1949, a qualifying year is one in which a Reserve Soldier earned 50 retirement points or more [emphasis added].  The last 6 years must be served as a RC Soldier.

12.  The term “good years” is an unofficial term used to mean years in which 50 or more retirement points are earned during each year, and which count as qualifying years of service for retirement benefits at age 60.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his service in the U.S. Army Reserve after his separation from active duty should be entered on his DD Form 214.

2.  The applicant entered on active duty on 23 November 1982 and was released on 18 November 1985.  Calculation of this period of service totals 2 years, 11 months, and 26 days.  This active duty service was appropriately included in his total net service this period and was properly shown on his DD Form 214.  

3.  In accordance with regulatory guidance, the period served in the USAR after separation from active duty is not entered on a DD Form 214 that was already issued upon release from active duty.  The applicant's subsequent reserve service is reflected on his Chronological Statement of Retired Points.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__pms___  __reb___  __rch___  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




							Paul M. Smith
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070004519
SUFFIX

RECON

DATE BOARDED
20070828
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
113.0000
2.

3.

4.

5.

6.