IN THE CASE OF:	  

		BOARD DATE:	      13 AUGUST 2009

		DOCKET NUMBER:  AR20090003711 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, a correction to the total amount of her credited Reserve Component (RC) service.  

2.  The applicant states, in effect, she discovered errors in the RC service credited on her DD Form 214 (Certificate of Release or Discharge from Active Duty) while employed with the Food and Drug Administration, Atlanta, Georgia, where she was also informed her RC service time did not count. 

3.  The applicant provides her DD Forms 214 in support of her application. 

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 record shows that she initially enlisted in the United States Army Reserve (USAR) Delayed Entry Program (DEP) for 6 years on 14 May 1980, which made her initial military service obligation (MSO) 13 May 1986.  After serving in an inactive USAR DEP status for 6 days, she was discharged from the DEP and enlisted in the Regular Army (RA) for 4 years on 20 May 1980 and entered active duty.  

3.  On 19 December 1984, the applicant was honorably released from active duty (REFRAD), in the rank of specialist (SPC).  Item 12c (Net Service This Period) of the DD Form 214 she was issued at the time shows she completed 4 years and 
7 months of active military service during the period covered by the DD Form 214, and item 12e (Total Prior Inactive Service) shows she completed 6 days of prior inactive military service.  It also confirms that upon her REFRAD she was transferred to the USAR Control Group (Reinforcement) to complete her MSO. 

4.  The applicant's record contains a Reserve Personnel Accounting System (RPAS) Chronological Statement of Retirement Points (ARPC Form 249-E), dated 5 August 2009, which shows she continually served in the USAR from 
14 May 1986 through 20 March 2001, at which time she was honorably discharged, in the rank of specialist (SPC).  The RPAS shows she earned a total of 929 creditable retirement points and she was credited with 7 years of qualifying USAR service for retirement purposes.  The RPAS documents no service prior to 14 May 1986.  

5.  The applicant's record contains a DD Form 214 that shows while a member of the USAR, she entered active duty on 22 May 1989.  It further shows she served on active duty until being honorably REFRAD and returned to her USAR unit on 19 October 1989.  Item 12c of the DD Form 214 shows she completed 4 months and 28 days of active military service during the period.  Item 12d (Total Prior Active Service) shows she completed a total of 4 years and 7 months of prior active military service and item 12e shows she completed a total of 4 years, 5 months, and 2 days of prior inactive military service. 

6.  The applicant's record also contains a DD Form 214 that shows while serving as a member of the USAR she entered active duty on 11 September 1991.  It further shows she served on active duty until she was honorably REFRAD and returned to her USAR unit on 19 April 1993.  Item 12c shows she completed 
1 year, 7 months, and 9 days of active military service during the period.  Item 12d shows she completed a total of 4 years, 11 months and 28 days of prior active military service and item 12e shows she completed a total of 4 years, 
5 months, and 2 days of prior inactive military service. 


7.  Army Regulation 635-5 (Separation Documents) prescribes 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 establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of contains preparation instructions for the DD Form 214.  The instructions for item 12e state to enter the total prior inactive service as taken from previously issued DD Forms 214 and the Personnel Qualification Record (PQR).   

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record shows she initially enlisted in the USAR DEP, on 
14 May 1980, and after completing 6 days of inactive service she enlisted in the RA and entered active duty on 20 May 1980.  She served on active duty for 
4 years and 7 months until being honorably REFRAD on 19 December 1984.  The DD Form 214 she was issued at that time correctly shows she completed 
4 years and 7 months of active duty service in item 12c, and that she completed 6 days of prior inactive service in item 12e.  

2.  Based on her initial 6-year MSO, the applicant would have continued serving in an inactive USAR status from 20 December 1984 through 13 May 1986, and her RPAS shows she continuously served in the USAR from 14 May 1986 through 20 March 2001, which is a total of 17 years and 3 months.  When combined with her 6 days of DEP service, this total is 17 years, 3 months, and 
6 days of USAR service.  

3.  The evidence of record further shows that during her USAR tenure, she completed two additional periods of active duty service from 22 May through 
19 October 1989 (4 months, 28 days) and from 11 September 1991 through 
19 April 1993 (1 year, 7 months, 9 days).  

4.  The evidence of record also confirms that as of the date the applicant was issued her 19 October 1989 DD Form 214, she had completed a total of 4 years, 
5 months, and 8 days of prior inactive service, which is the 6 days of DEP service she completed between 14 through 19 May 1980 and the 4 years, 5 months, and 2 days of USAR inactive service she completed between 20 December 1984 and 21 May 1989.  Therefore, it would be appropriate to correct item 12e of this 
DD Form 214 accordingly.  


5.  The evidence further confirms that when the applicant was issued her 
DD Form 214, on 19 April 1993, the she had completed a total of 6 years, 
3 months, and 29 days of prior inactive service.  This is the total of the 4 years, 
5 months, and 8 days of prior inactive RC she completed as of 19 October 1989, and the 1 year, 10 months, and 21 days of inactive USAR service she completed between 20 October 1989 and 10 September 1991.  As a result, item 12e of this DD Form 214 should also be corrected accordingly.  

6.  The applicant is advised that military service that is considered creditable by the Food and Drug Administration is determined by that agency and does not fall within the purview of the Board.  Once the corrected documents produced as a result of the recommendation of this Board are received by the applicant, she should provide them to her civilian employer so that they can evaluate and provide her military service credit authorized by that agency. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ____X____  ____X____  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the DD Forms 214 ending on the following dates as indicated:

	a.  19 October 1989 DD Form 214 - delete the current entry in item 12e and replace it with the entry "04  05  08";

	b.  19 April 1993 DD Form 214 - delete the current entry in item 12e and replace it with the entry "06  03  29"; and 

	c.  providing her corrections to the DD Forms 214 that reflect these changes.  


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 application that pertains to awarding civilian employment military service credit. 




      _______ _   _XXX______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20090003711



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ABCMR Record of Proceedings (cont)                                         AR20090003711


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