BOARD DATE:	  15 December 2009

		DOCKET NUMBER:  AR20090009216 


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 issuance of a DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he had subsequent periods of active duty for training (ADT) (90 or more consecutive days) and correction of his ARPC Form 249-E (Chronological Statement of Retirement Points) to show this period of ADT.

2.  The applicant states that all of his military time was not on the ARPC Form 249-E that he received from the U.S. Army Human Resources Command (USAHRC), St. Louis, MO.

3.  The applicant provides the following documents in support of his application:

a.  Updated Chronological Statement of Retirement Points, dated 5 May 
2009; 

b.  Two ADT orders and amendment orders;

c.  DD Form 214 for the period ending 25 March 1983;

d.  Discharge orders from the U.S. Army Reserve (USAR) dated 31 January 
1997;

   e.  Travel Voucher Summary; and


	e.  Two DD Forms 1610 (Request and Authorization for Temporary Duty 
(TDY) Travel of DOD Personnel).  

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 enlisted in the Regular Army (RA) on 4 October 1979 and he was released from active duty on 25 March 1983.  He was issued a DD Form 214 for the period ending 25 March 1983 which shows he completed 3 years,
5 months, and 22 days during this period.  On 26 March 1983, he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his Reserve obligation.

3.  The applicant reenlisted in the USAR on 7 February 1985 and 13 January 1991.

4.  On 15 January 1991, the 81st USAR Command, East Point, GA published orders which ordered the applicant to ADT for 29 days with a reporting date
of 7 January 1991 to provide support to Southwest Asia Exercise at Fort McPherson, GA.  These orders were later amended which changed the period of his ADT from 29 days to 130 days, plus allowable travel time.

5.   The applicant continued to serve in the USAR until he was discharged on 31 January 1997 in the rank of specialist.

6.  The applicant’s ARPC Form 249-E, dated 5 May 2009, covers his retirement year beginning 1 August 1979 and retirement year ending (RYE) 31 January 1997.  This statement shows he completed 11 years and 1 day of qualifying service for retirement and that he was credited with 1,989 total creditable points.


7.  His ARPC Form 249-E shows he was credited with 130 active duty points for the retirement year beginning 1 August 1990 and RYE 31 July 1991.

8.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  This regulation states, in part, that a DD Form 214 will be prepared for Reserve component Soldiers completing 90 days or more of continuous ADT, Full-Time National Guard Duty (FTNGD), active duty for special work (ADSW), temporary tours of active duty (TTAD) or Active Guard Reserve (AGR) service.  It further states that if no DD Form 214 is available, issue a statement of service or transcript of military record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that all of his military time was not on the ARPC Form 249-E that he received from USAHRC, St. Louis.  However, there is no evidence of record and the applicant has not provided sufficient evidence to show he was not credited with the appropriate military time.  Should he have such evidence, he should contact USAHRC, St. Louis directly to update his ARPC Form 249-E.

2.  The evidence of record shows the applicant enlisted in the RA on 4 October 1979 and he was separated on 25 March 1983.  He was issued a DD Form 214 which properly reflects this period of service.

3.  The evidence of record shows the applicant subsequently served in the USAR from 26 March 1983 to 31 January 1997.

4.  By regulation, a DD Form 214 will be prepared for Reserve component Soldiers who have completed 90 days or more of continuous active duty.  Orders show the applicant was ordered to ADT for a period of 130 days on 7 January 1991 (17 May 1991 being the 130th day) to provide support to Southwest Asia Exercise at Fort McPherson.  However, there is no DD Form 214 for this period of active duty on file in his record.

5.  Although there is no evidence of record which shows the applicant was issued a DD Form 214 for his period of ADT from 7 January 1991 to 17 May 1991, he should have been issued one.  However, it cannot be determined if one was issued, but is just not available for review.  Since such a determination cannot be made, a DD Form 214 cannot be prepared; however, an appropriate document should be prepared to record this period of active duty service.

6.  The applicant’s ARPC Form 249-E, dated 5 May 2009, accurately reflects
130 days of ADT points for the retirement year beginning 1 August 1990 to the RYE 31 July 1991.  Therefore, there is no basis for amending his ARPC Form 249-E.

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 issuing him an appropriate document to record his period of active duty from 7 January 1991 to 17 May 1991.

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 correction of his ARPC Form 249-E to show subsequent periods of ADT for 90 or more consecutive days.



      __________x_____________
               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)                                         AR20090009216



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ABCMR Record of Proceedings (cont)                                         AR20090009216



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