IN THE CASE OF:
BOARD DATE: 22 July 2010
DOCKET NUMBER: AR20090021442
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 the U.S. Army Reserve unsatisfactory participation code in his Montgomery G.I. Bill (MGIB) records for 4 October 1990 to show he was transferred to the Individual Ready Reserve (IRR) on that date due to relocation with no unit available.
2. The applicant states he was not aware of the error until he applied for MGIB benefits in March 2009.
a. He states that he maintained contact with the 259th Quartermaster Battalion located in Utah following completion of his officer basic training. He states the unit excused each drill that he missed during this time due to his search for employment which included a move to Colorado, Oregon, and then back to Colorado prior to his selection as a member of the Dallas Police Department.
b. He further states that he completed alternate drills whenever possible, including one weekend with a unit in Oregon.
c. He states that the Department of Veterans Affairs (VA) and U.S. Air Force told him that only the Army could correct this error. He further states he contacted the Army Reserve Personnel Center and they said his only option was to appeal to the Army Review Boards Agency.
3. The applicant provides:
* Air National Guard/U.S. Air Force Reserve (ANG/USAFR) Point Credit Summary
* Selection letter from the Dallas Police Department
* DD Form 1351-2 (Travel Voucher)
* DA Form 1059 (Service School Academic Evaluation Report)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Two DA Forms 1380 (Record of Individual Performance of Reserve Duty Training)
* Order 107-04
* Person Tree View Report (applicant)
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 applicant's military records show he enlisted in the Army National Guard on 27 February 1984. He completed initial entry training and was awarded the military occupational specialty of medical specialist.
3. He was transferred to the U.S. Army Reserve Control Group (Annual Training) effective 23 October 1985. He was appointed as a second lieutenant in the U.S. Army Reserve as a Quartermaster officer on 23 April 1988.
4. Two DA Forms 1380 show the applicant's unit was in Utah and that he completed his assigned Reserve duties (commonly known as "drill") on alternate dates during the months of January and March 1990. The drill in March was accomplished in Eugene, Oregon at the U.S. Army Reserve Center.
5. The applicant provided a letter which states he was selected to become a member of the Dallas Police Department effective 25 June 1990.
6. Order 107-04 shows the applicant was transferred to the U.S. Army Reserve Control Group (Reinforcement) on 4 October 1990 due to relocation -- no unit available.
7. An ANG/USAFR Point Credit Summary indicates the applicant is currently serving as an enlisted member of the USAFR.
8. The applicant provided a Person Tree View Report printed on 18 March 2009 showing his MGIB related information contained in a Defense Manpower Data Center (DMDC) data base. This report shows an eligibility status code of "term: unsat partcp" (terminated due to unsatisfactory participation) with an eligibility status date of 4 October 1990.
DISCUSSION AND CONCLUSIONS:
1. The DA Form 1380 for March 1990 indicates the applicant performed duty in a location where he contends he was searching for a job. The letter from the City of Dallas showing he was selected to become a member of the Dallas Police Department in June 1990 corroborates that he was searching for a job outside of Colorado and Utah. As such, it appears he was actively involved in managing his monthly drill participation.
2. Based on his orders, it is apparent that the applicant was transferred to the IRR due to relocation with no available unit instead of for unsatisfactory participation. As such, it would be appropriate to correct his MGIB records to show he was transferred to the IRR due to relocation with no available unit.
BOARD VOTE:
___X____ ___X____ ___X____ 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 the MGIB records of the individual concerned be corrected by showing he was transferred to the IRR due to relocation with no available unit.
___________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) AR20090021442
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