RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 25 October 2007
DOCKET NUMBER: AR20070006784
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. Linda D. Simmons
Chairperson
Mr. Scott W. Faught
Member
Mr. Roland S. Venable
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, that item 9 (Command to Which Transferred), of his DD Form 214 (Certificate of Release or Discharge from Active Duty), be corrected.
2. The applicant states, in effect, that item 9, of his DD Form 214, shows that he was transferred to the USAR (United States Army Reserve) CON GP (Control Group) (RET [Retired]). He was advised by the DEERS (Defense Enrollment Eligibility Reporting System) Army Reserve Control Office that this entry is incorrect and should have been coded differently for an active duty retiree. As coded, it gave the impression that he was a reservist when he retired and not eligible for benefits until age 60.
3. He served on active duty from 6 June 1973 through 31 December 2003. He assumed the entry in item 9, of his DD Form 214, was correct and he was transferred to a Reserve Control Group since retirees could be recalled to active duty. He recently applied for the mail order prescription pharmacy, and his application was rejected. He was told that the DEERS indicated that he was ineligible. He believes that his DD Form 214 was coded incorrectly because of confusion at the transfer point regarding his status. They believed that he was an AGR (Active Guard Reserve) officer because he served as the IG (Inspector General) for the AL (Alabama) NG (National Guard). He informed them that he was active duty and assigned to Falls Church, with duty at Montgomery, Alabama.
4. The applicant provides a copy of his DD Form 214, and a copy of his retirement order, with amendments, 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants military records show he was commissioned in the Regular Army as a second lieutenant (2LT/O-1) effective 6 June 1973. He was promoted to colonel (COL/O-6) effective 1 April 1996.
3. The applicant served until he was separated for the purpose of retirement on 31 December 2003. He was placed on the Retired List effective 1 January 2004, in the rank and pay grade of COL/O-6. He had completed 30 years, 6 months, and 25 days of active creditable service.
4. Item 9, of his DD Form 214, shows the entry "USAR CON GP (RET) AR-PERSCOM (US Army Personnel Command now known as the Army Human Resources Command), 9700 Page Blvd, St. Louis, Mo 63132."
5. Army Regulation 635-5 governs the preparation of the DD Form 214. It states, in pertinent part, that item 9 (Command to Which Transferred) will be completed to show the entry of "NA" when the applicant is placed on the AUS (Army of the United States) Retired List and not transferred to the Retired Reserve (applicable to RA enlisted (with 30 or more years AFS (Active Federal Service)); or the USA Retired List (applicable to RA officers); or TDRL (Temporary Disability Retired List); or permanent disability list.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows that the applicant was separated for the purpose of retirement on 31 December 2003. He was placed on the USA Retired List effective 1 January 2004, in the rank of COL, after completion of more than 30 years of AFS.
2. Item 9, of his DD Form 214, shows that he was transferred to the USAR Control Group (Retired). However, regulations require that item 9, of his DD Form 214, show the entry "NA" when an RA officer with 30 or more years of AFS is placed on the USA Retired List. Therefore, he is entitled to correction of item 9, of his DD Form 214 to show the entry, "NA."
BOARD VOTE:
__LDS__ __RSV___ _SWF___ 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the entry "NA" in item 9 (Command to Which Transferred), of his 31 December 2003 DD Form 214.
_____Linda D. Simmons______
CHAIRPERSON
INDEX
CASE ID
AR20070006784
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20071025
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
20031231
DISCHARGE AUTHORITY
AR 600-8-24
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
100
2.
3.
4.
5.
6.
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