IN THE CASE OF:	

		BOARD DATE:	  19 May 2010

		DOCKET NUMBER:  AR20090018991


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, through his United States Senator:

* That his name be "cleared of the slander and libel stating that I was AWOL [absent without leave]"
* That his rank be adjusted to something higher, such as lieutenant colonel
* That his student loans be repaid
* That his retirement points be updated
* That he receive a DD Form 214 (Certificate of Release or Discharge from Active Duty) for his Reserve Army Nurse Corps service

2.  His request that his name be cleared of the slander and libel stating he was AWOL and that his rank be adjusted are requests for reconsideration.

3.  The applicant states he was proud to serve and he's proud to be an American Legionnaire.  He would still be serving were it not for his disability.

4.  The applicant provides:

* a copy of a DD Form 4/1 (Enlistment/Reenlistment Document), dated     30 April 1983
* a copy of Army Board for Correction of Military Records (ABCMR) Record of Proceedings AR20090006480, dated 25 August 2009



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.  Incorporated herein by reference are military records which were summarized in the previous considerations of the applicant's case by the ABCMR in Docket Numbers AR20090006480 and AR20090006483, both dated 25 August 2009.

3.  The applicant's issues related to AWOL and his rank have been previously addressed by the above-listed ABCMR cases.  Army Regulation 15-185 sets forth procedures for reconsideration.  An applicant may request reconsideration of an earlier decision of the ABCMR if the request is received within one year of the original decision and it has not previously been reconsidered provided new evidence or argument is offered.  The applicant has provided no new evidence or argument, beyond restating his disagreement, upon which reconsideration may be undertaken.  Therefore, the issues of his AWOL and his rank will not be further addressed.

4.  The applicant enlisted in the Pennsylvania Army National Guard (PAARNG) on 30 April 1983 for the Student Loan Repayment Program (SLRP) and served on active duty for training (ADT) from 21 August 1983 to 13 January 1984.  He was a member of the PAARNG from 30 April 1983 until he was reduced from specialist to private for inefficiency and separated under honorable conditions by reason of unsatisfactory participation on 1 February 1988 and transferred to the U.S. Army Reserve (USAR).  The record shows he had 26 consecutive periods of AWOL from unit assemblies, including being AWOL during unit annual training from 7 November 1987 through 22 November 1987.

5.  A letter dated 12 August 1987 in the applicant's PAARNG record discusses his failure to attend drills and warns him, in paragraph 4; "Also, the money you received for Educational Benefits will have to be paid back if your obligation is not met."

6.  The applicant's NGB Form 23 (Retirement Credits Record) shows the following points history for his retirement year of 30 April – 29 April:

* 30 April 1983 – 29 April 1984			192 points
* 30 April 1984 – 29 April 1985			077 points
* 30 April 1985 – 29 April 1986			069 points
* 30 April 1986 – 31 March 1987			073 points
* 01 April 1987 – 29 April 1987			005 points
* 30 April 1987 – 02 February 1988		020 points

7.  On 26 April 1989, the U.S. Army Reserve Personnel Center, St. Louis, MO, published Orders D-04-036227, directing the applicant’s honorable discharge from the USAR, effective 29 April 1989.

8.  After a break in service, the applicant, on 22 July 1994, enlisted in the USAR for 6 years in the rank of private first class (PFC)/E-3.  Item 1 of his DA Form 3286-68 (Statement for Enlistment) shows he enlisted for the SLRP and a civilian acquired skill for military occupational specialty (MOS) 91C (Practical Nurse).  He was subsequently awarded primary MOS 91C and secondary MOS 91B (Medical Specialist).  He was initially assigned to the 309th Field Hospital, Boston, MA, but was later voluntarily released and reassigned to the 345th Combat Support Hospital, Jacksonville, FL, and the 3297th U.S. Army Hospital, Fort McPherson, GA.

9.  On 1 March 1997, the applicant executed a 7-month extension of his enlistment in the USAR and on 8 February 2001, he again executed a 12-month extension in the USAR.  

10.  The facts and circumstances surrounding the applicant’s discharge are not available for review with this case.  However, his records show that on 17 August 2001, Headquarters, 81st Regional Support Command, Birmingham, AL, published Orders 229-013L honorably discharging the applicant from the USAR, effective 31 August 2001, under the provisions of Army Regulation 135-178 (Enlisted Administration Separation).

11.  The applicant's Army Reserve Personnel Center (ARPC) Form 249-E (Chronological Statement of Retirement Points) shows the following points history for his retirement year of 01 August – 31 July:

* 01 August 1995 – 31 July 1996		015 points
* 01 August 1996 – 31 July 1997		044 points
* 01 August 1997 – 31 July 1998		073 points


* 01 August 1998 – 31 July 1999		059 points
* 01 August 1999 – 31 July 2000		034 points
* 01 August 2000 – 31 July 2001		015 points
* 01 August 2001 – 31 August 2001	001 point

This form does not show his prior PAARNG service.

12.  The applicant's records show he enlisted for the SLRP on two occasions – in the USAR in 1994 and the PAARNG in 1984.  The records suggest no payments were made during his USAR service (there are indications he was determined to be disqualified for the SLRP based on his prior MOS of 91B no longer being authorized participation in the SLRP).

13.  The applicant provided no information pertaining to student loans; the types or amounts.  Neither did he provide any information on applications he may have made for reimbursement or the results there from.

14.  Army Regulation 135-7 (Army National Guard and US Army Reserve Incentive Programs) prescribes policies and procedures for the administration of the ARNG and the USAR incentive programs, including the SLRP.  The SLRP incentive provides for the repayment by the Government of a designated portion of any outstanding loan(s) secured after 1 October 1975.  Subject to this chapter, any loan made, insured or guaranteed under Part B of the Higher Education Act of 1965, or any loan made under Part E of this Act, after 1 October 1975, may be repaid.  For each year of satisfactory service in the Selected Reserve, a portion of the loan amount will be repaid subject to certain rules.  The maximum SLRP benefit will be available throughout a Soldier's service in the ARNG and USAR combined.  Once a dollar amount for benefits is established for SLRP, it cannot be increased during the Soldier's career.

15.  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 establishes standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  A DD Form 214 will be prepared for each Reserve component Soldier 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.


DISCUSSION AND CONCLUSIONS:

1.  The applicant requests:

* That he receive a DD Form 214 for his Reserve Army Nurse Corps service
* That his retirement points be updated
* That his student loans be repaid

2.  The applicant's PAARNG record shows he completed ADT and received a DD Form 214.  His USAR record does not reflect continuous ADT, ADSW, TTAD, or AGR service; therefore, he did not receive a DD Form 214 and is not entitled to a DD Form 214.  His request for a DD Form 214 for his Reserve Army Nurse Corps service should be denied.

3.  The applicant had service in the ARNG and in the USAR.  His ARPC Form 249-E lists his USAR service, but not his prior service in the ARNG.  His NGB Form 23 shows that between 30 April 1983 and 31 March 1987, he had four qualifying years for non-regular retirement.  All of his ARNG service, to include his qualifying years, should be shown on his ARPC Form 249-E.

4.  The applicant's issue concerning the SLRP cannot be determined.  He enlisted in the PAARNG for MOS 91B and the SLRP; the total amount of the SLRP is not stated, nor is the amount of reimbursement stated.  However, the 12 August 1987 letter alludes to education benefit money paid to him, so it is clear something was paid.  This payment would have been based on his enlistment MOS of 91B.  Without information concerning his student loans, and without information concerning SLRP payments made to him, there is insufficient evidence for the Board to make a decision regarding the SLRP.

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 correcting his ARPC Form 249-E to show his prior PAARNG service.

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 a DD Form 214 for his Reserve Army Nurse Corps service from August 1995 to August 2001 and repayment of his student loans.




      _______ _  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)                                         AR20090018991





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ABCMR Record of Proceedings (cont)                                         AR20090018991



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