IN THE CASE OF:	  

		BOARD DATE:	  16 November 2010

		DOCKET NUMBER:  AR20100009321 


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:

	a.  recognition of his retirement and medical benefits as promised upon acceptance of his retirement;

	b.  a final DD Form 214 (Certificate of Release or Discharge from Active Duty) showing:

		(1)  promotion to the rank of sergeant (SGT)/pay grade E-5,

		(2)  missing 2 years of time in grade,

		(3)  missing 3 years of time in service, and

		(4)  Army Achievement Medal, Army Reserve Components Achievement Medal, Noncommissioned Officer Professional Development Ribbon (phases I and II), and Army Reserve Components Overseas Training Ribbon (for annual training (AT) in Frankfurt, Germany, in approximately December 1992).

2.  The applicant states:

* he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 21 September 1984 only 10 days after turning 17 years of age
* he enlisted in the Regular Army on 20 August 1985
* he enlisted in the USAR on 17 August 1987 at the completion of his 2-year obligation
* he volunteered for active duty during Operation Desert Storm on 6 December 1990
* he was released from active duty from Operation Desert Storm and was reassigned to a USAR troop program unit on 11 June 1991
* he served with USAR units in Des Moines, IA, and in Belton, MO
* he reenlisted in the USAR sometime between 1991 and 1994
* he retired from the USAR in June 1994 after accepting a retirement package offered by the President due to residing more than 50 miles from his home station and he has not yet received his final DD Form 214 indicating the time he served from June 1991 to June 1994
* as a requirement of his retirement package, he was promised:

* post exchange privileges for 1 year and he received these benefits
* a lump-sum retirement check and he received this check
* medical benefits for the balance of his life and he has not received a medical insurance card

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

* DD Form 214 for the period ending 11 June 1991
* DD Form 215 (Correction to DD Form 214), dated 24 June 1992
* DD Form 214 for the period ending 17 August 1987
* data from the Inquiry Routing and Information System (IRIS) at the Department of Veterans Affairs (VA)

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 USAR under the DEP for a period of 8 years at 17 years of age.  He enlisted in the Regular Army on 20 August 1985 for a period of 2 years.

3.  The applicant was honorably released from active duty on 17 August 1987, transferred to the USAR, and assigned to the 974th Personnel Service Company in Des Moines, IA.

4.  The applicant completed phase I of the Primary Leadership Development Course (PLDC) on 7 January 1990.  He completed phase II of this course on 30 June 1990.

5.  The applicant was ordered to active duty on 6 December 1990 in support of Operation Desert Shield/Desert Storm.  He was released from active duty to the control of his USAR troop program unit in Des Moines, IA, on 11 June 1991 after completing 6 months and 6 days of active service.  His DD Form 214 for the period ending 11 June 1991 shows he was assigned to the 329th Adjutant General Company (Postal/Direct Support), Fort Dix, NJ, during this period of service.  He held the rank of specialist/pay grade E-4 at the time of his release from active duty.

6.  He was promoted to SGT/E-5 in the USAR on 29 June 1992.

7.  The applicant's service record contains a DA Form 638-1 (Recommendation for Award) which shows he was awarded the Army Achievement Medal for meritorious service from September 1991 to 14 July 1993 by Headquarters, 372d Engineer Group, Permanent Order Number 5-26, dated 15 June 1993.

8.  Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he was awarded the Army Service Ribbon, Overseas Service Ribbon, Army Achievement Medal, National Defense Service Medal, Army Commendation Medal, Noncommissioned Officer Professional Development Ribbon, and Army Reserve Components Achievement Medal (August 1991).

9.  Item 35 (Record of Assignments) of his DA Form 2-1 shows he was reassigned to Detachment 1, 795th Adjutant General Company, Belton, MO on 14 July 1993.

10.  His record contains a DA Form 4187 (Personnel Action), dated 30 January 1994, showing he acknowledged his understanding that due to his unit's inactivation, he would have to be reassigned.  He was offered six options for his future in the military and he elected to be transferred to the Individual Ready Reserve (IRR) in the event assignment to another unit was not available.  He did so with the understanding that he would be entitled to receive:

* separation pay in a lump sum payment based upon his total number of retirement points and base pay
* use of the post exchange and limited commissary privileges for a period of 2 years from the effective date of his transfer to the IRR
* continued benefits under the Montgomery GI Bill, provided he was already enrolled in that program
* priority for assignment to a valid position

11.  Orders 15-7 issued by Headquarters, 19th Theater Army Area Command on 13 April 1994 show he was relieved from his current assignment and transferred to the IRR due to the inactivation of his Reserve unit.  These orders entitled him to receive:

* separation pay in a lump sum payment based upon his years of qualifying service
* use of the post exchange and limited commissary privileges for a period of 2 years from the effective date of his transfer to the IRR
* continued benefits under the Montgomery GI Bill, provided he was already enrolled in that program

12.  Neither his DA Form 4187, dated 30 January 1994, nor Orders 15-7, dated 13 April 1994, contain any reference to his entitlement to continued medical benefits for the remainder of his life.

13.  U.S. Army Reserve Personnel Center Orders D-08-463811, dated 2 August 1994, show the applicant was honorably discharged from the USAR effective 2 August 1994 in the rank of SGT.  These orders informed him that he no longer had any military status.

14.  His U.S. Army Reserve Personnel Command Form 249-E (Chronological Statement of Retirement Points) shows he completed 10 years and 2 days of qualifying service for retirement at age 60.  This statement shows he received inactive duty points and active duty points from retirement year beginning 21 September 1987 through retirement year ending 20 September 1994.

15.  His record is void of any evidence and he has not provided any evidence showing he completed AT or active duty for training (ADT) for a period of 10 days or more on foreign soil.

16.  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 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, active duty for special work, temporary tours of active duty, or Active Guard Reserve service.  It further states that if no DD Form 214 is available, to issue a statement of service or transcript of military record.

17.  Army Regulation 600-8-22 (Military Awards) states the Army Reserve Components Achievement Medal is authorized for award to Army personnel, including Active Guard Reserve officers in the rank of colonel and below, for exemplary behavior, efficiency, and fidelity while serving as a member of an Army National Guard or USAR troop program unit or as an individual mobilization augmentee.  Individuals must have completed 4 years of qualifying service on or after 3 March 1972 and before 28 March 1995.  Beginning 28 March 1995, the period of qualifying service for award of the Army Reserve Components Achievement Medal was reduced from 4 to 3 years.  This change is not retroactive.  Such years of qualifying service must have been consecutive.  A period of more than 24 hours between Reserve enlistments or an officer's service will be considered a break in service.  Credit toward earning the award must begin anew after a break in service.

18.  Army Regulation 600-8-22 states the Noncommissioned Officer Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981.  It is awarded to Active Army, Army National Guard, and USAR Soldiers for successful completion of designated noncommissioned officer professional development courses.

19.  Army Regulation 600-8-22 states the Army Reserve Components Overseas Training Ribbon is awarded to members of the Reserve Components of the Army for successful completion of AT or ADT for periods of not less than 10 consecutive duty days on foreign soil.  The Army Reserve Components Overseas Training Ribbon may be awarded retroactively to those personnel who successfully completed AT or ADT on foreign soil in a Reserve status prior to 11 July 1984 provided they had an active status on or after 11 July 1984.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in the Regular Army from 20 August 1985 through 17 August 1987 and was issued a DD Form 214 for this period of service.

2.  The applicant subsequently served in the USAR from August 1987 through August 1994.

3.  He was ordered to active duty from 6 December 1990 to 11 June 1991 in support of Operation Desert Shield/Desert Storm.  He was issued a DD Form 214 which covers this period of active duty.

4.  The evidence shows the applicant completed phase I of PLDC on 7 January 1990 and phase II on 30 June 1990.  Therefore, he is entitled to have the Noncommissioned Officer Professional Development Ribbon added to his DD Form 214 for the period ending 11 June 1991.

5.  By regulation, a DD Form 214 will be prepared for Reserve Component Soldiers who have completed 90 days or more of continuous active duty.  The applicant's service record does not indicate he completed 90 days or more of continuous active duty after 11 June 1991.  His DD Form 214 for the period ending 11 June 1991 was his final DD Form 214.

6.  Therefore, the applicant is not eligible for issuance of a DD Form 214 to show the following actions which occurred after the period covered his DD Form 214, dated 11 June 1991:

* promotion to SGT/E-5 effective 29 June 1992 
* 2 years of time in grade which he served in the rank of SGT
* 3 years of time in service which he served in the USAR from 12 June 1991 to June 1994 which is properly reflected on his Chronological Statement of Retirement Points
* Army Achievement Medal awarded in June 1993
* Army Reserve Components Achievement Medal awarded in August 1991
* Army Reserve Components Overseas Training Ribbon – no evidence shows he completed AT or ADT for a period of not less than 10 consecutive duty days on foreign soil

7.  The evidence clearly shows he acknowledged his understanding that due to his unit's inactivation, he would have to be reassigned.  The evidence also shows he was offered six options for his future in the military.  On 30 January 1994, he voluntarily elected to be transferred to the IRR in the event assignment to another unit was not available.  He did so with the understanding that he would be entitled to receive:


* separation pay in a lump sum payment based upon his total number of retirement points and base pay
* use of the post exchange and limited commissary privileges for a period of 2 years from the effective date of his transfer to the IRR
* continued benefits under the Montgomery GI Bill, provided he was already enrolled in that program
* priority for assignment to a valid position

8.  Orders 15-7, dated 13 April 1994, show he was relieved from his current assignment and transferred to the IRR due to the inactivation of his Reserve unit.  These orders also entitled him to receive the aforementioned benefits.

9.  The evidence clearly shows he received exactly what he requested and neither his DA Form 4187, dated 30 January 1994, nor Orders 15-7, dated 13 April 1994, contain any reference to his entitlement to continued medical benefits for the remainder of his life or entitlement to retirement.  Therefore, he is not entitled to correction of his records to show this benefit.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 adding the Noncommissioned Officer Professional Development Ribbon to item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 11 June 1991.

2.  The Board further determined 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 promotion to SGT, additional time in grade, additional time in service, the Army Achievement Medal, the Army Reserve Components Achievement Medal, the Army Reserve Components 
Overseas Training Ribbon, continued medical benefits for the remainder of his life, or entitlement to retirement.



      _______ 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)                                         AR20100009321



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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