IN THE CASE OF:	

		BOARD DATE:	  20 April 2010

		DOCKET NUMBER:  AR20090018085 


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 correction of his record to show he completed approximately five months of additional active duty service while attending the Military Police Officer Basic Course (MPOBC).

2.  The applicant states while undergoing pre-retirement processing, he discovered he was not credited with approximately five months of active duty service he completed while attending the MPOBC during the period February - June 1986.  He contends his record is incorrect as it pertains to his total active service because it does not include this time and his numerous attempts to resolve the problem have proven unsuccessful because he was not issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) for this period of service and his record is void of documentation showing he completed the MPOBC.

3.  As documentary evidence in support of this request, the applicant provides

* a self-authored statement
* orders to active duty for MPOBC attendance
* two DA Forms 2139 (Military Pay Voucher)
* a DA Form 4037 (Officer Record Brief)
* a DD Form 220 (Active Duty Report)




* an MPOBC course description
* Defense Finance and Accounting Service (DFAS) Standard Operating Procedures (SOP) for completion of DA Form 1506 (Statement of Service)

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he enlisted in the U.S. Army Reserve (USAR) on 26 March 1983.  He was ordered to active duty for the purpose of attending basic combat and advanced individual training (AIT)  Upon completion of AIT, he was awarded military occupational specialty (MOS) 95B (Military Police).  Following his completion of 3 months and 12 days of active service, the applicant was relieved from active duty and transferred to a USAR unit on 24 August 1983.

2.  The applicant's record contains a DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 14 September 1983, which shows he enlisted as a cadet in the Reserve Officers' Training Corps (ROTC) program.

3.  The applicant's record contains State of North Carolina, Department of Crime Control and Public Safety, Office of the Adjutant General, Raleigh, NC, Orders 244-3, dated 12 December 1985, appointing him to the rank of second lieutenant (2LT) in the Army National Guard (ARNG).

4.  The applicant's record contains (and he also provides) USAR Personnel Center, St. Louis, MO, Orders T-12-562380, dated 27 December 1985, that ordered the applicant to active duty for a period of 117 days (plus allowable travel time) for the purpose of attending MPOBC Class Number 4-86 located at Fort McClellan, AL with a reporting date of 8 February 1986.

5.  The applicant provides two DA Forms 2139 showing he was paid active duty pay entitlements for the entire months of March and April 1986.  Item 10 (Organization and Address) of these pay vouchers also show his organization as Company B, Military Police School, OB4-86 [Officer Basic Class 4-86], Fort McClellan.

6.  The applicant's record contains a DA Form 160 (Application for Active Duty), dated 1 April 1986, that shows he volunteered for an active duty assignment for a period of three years commencing as early as June 1986.  Item 7a (Temporary Address) of this form shows his address at the time was Company B, MPOBC 
4-86, Fort McClellan.

7.  The applicant provides a DD Form 220, dated 4 June 1986, that shows his effective date of entry on active duty was 5 June 1986.

8.  The applicant provides a DA Form 4037, dated 6 October 2009, showing

* his Basic Active Service Date (BASD) as 19851011 [11 October 1985]
* his Entered Active Duty Current Tour Date (EADC) as 19860605 [5 June 1986]
* he had nine months of prior service [at the beginning of this active duty tour]
* he completed MPOBC in 1986

9.  The Integrated Total Army Personnel Database (ITAPDB) also shows the applicant's

* BASD as 11 October 1985
* EADC as 5 June 1986

10.  The applicant provides a description of the MPOBC, effective 1 October 1988, showing it was 15 weeks in length.

11.  The applicant provides a copy of the DFAS SOP for completion of the DA Form 1506 showing the standards for processing a DA Form 1506, to include calculating creditable service and what is considered as acceptable source documentation.

12.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records), in pertinent part, provides that for personnel with no prior service, the BASD is the effective date of entry on active duty.  For personnel with prior service, the BASD is the date of entry on active duty minus total Active Federal Service (AFS).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention his record should be corrected to show he completed approximately five months of additional active duty service he completed while attending the MPOBC during the period February - June 1986 was carefully considered and determined to lack merit.

2.  Evidence shows the applicant served on active duty as an enlisted Soldier in the USAR for a period of 3 months and 12 days.  His DA Form 4037 shows

* he entered active duty on 5 June 1986
* on 5 June 1986, he had 9 months prior AFS
* based upon his prior AFS, his adjusted BASD is 11 October 1985

3.  The exact amount of prior AFS credited to the applicant is determined by subtracting his adjusted BASD from his EADC, resulting in a total of 7 months and 25 days.

1986  06  05    EADC
1985  10  11    BASD
0000  07  25    Total Prior AFS

4.  By subtracting the applicant's prior enlisted AFS from the total prior AFS, it is evident he was credited with additional active service of 4 months and 13 days for attendance of the MPOBC plus allowable travel time.

07  25    total prior AFS
03  12    prior enlisted AFS
04  13    AFS for attendance of the MPOBC

5.  As the applicant's records clearly indicate he was already credited with active service for his attendance at the MPOBC and it was properly annotated in ITAPDB and on his DA Form 4037, it appears no further correction is required.

6.  In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit any evidence that would satisfy this requirement and there is no basis for granting his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ___X____  ____X___  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.



      ____________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)                                         AR20090018085



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ABCMR Record of Proceedings (cont)                                         AR20090018085



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