IN THE CASE OF:	  

		BOARD DATE:	6 July 2010  

		DOCKET NUMBER:  AR20100014245 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was in the U.S. Army Reserve (USAR), not the Regular Army (RA), during his active duty service in 1986 and 1987 while attending Warrant Officer Flight Training (WOFT).

2.  The applicant states:

	a.  His DD Form 214 indicates he was RA, but it should indicate he was USAR.

	b.  He was specifically recruited to [a USAR aviation unit], which he was assigned to and reported to after graduating from flight school and accepting an appointment as a warrant officer.

	c.  His DD Form 1966 (Application for Enlistment - Armed Forces of the United States), DA Form 3286-41 (Statements for Enlistment:  Delayed Entry Program - Officer Candidate School/Warrant Officer Flight Training), and
DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) reflect his enlistment in the USAR.

	d.  He served on active duty for the purpose of completing training.  The only requirement to serve in an RA component was if he did not complete WOFT.


	e.  The U.S. Army Human Resources Command, St. Louis, MO
(USAHRC-STL) retirement points division will not recognize the points he earned during the period [he was on active duty] in 1986 and 1987 as a good retirement year.  Due to the RA status on his DD Form 214, the USAHRC-STL retirement points division recently took away a good retirement year from his AHRC Form 249-2-E (Chronological Statement of Retirement Points).

	f.  USAR requirements for a good [retirement] year are 50 points acquired during a retirement year ending (RYE) year.  Serving on active duty for training or any other service adds to the total acquired retirement points.  During the time in question he was on active duty for training and he was an enlisted member in the USAR.  He should get a full year toward retirement for the year in question on his AHRC Form 249-2-E.

3.  The applicant provides copies of his DD Form 4; DA Form 3286-41; pages 1, 6, and 7 of his DD Form 1966 series; AHRC Form 249-2-E; and a National Guard Bureau (NGB) Form 23B (Army National Guard (ARNG) Retirement Points History Statement).

CONSIDERATION OF EVIDENCE:

1.  The applicant's Official Military Personnel File (OMPF) in the interactive Personnel Electronic Records Management System (iPERMS) does not contain documentation pertaining to the complete facts of his initial entry into Army service.

2.  A DD Form 214 in the applicant's record shows he entered active duty in an enlisted status on 4 April 1986, he completed the Warrant Officer Rotary Wing Aviator Course in October 1987, and he was honorably discharged from the RA on 6 October 1987 after completing 1 year, 8 months, and 3 days of active military service.  He was ordered to an Active Guard Reserve (AGR) tour as a warrant officer and Item 9 (Command to which Transferred) shows he was transferred to the 138th Army Security Agency (ASA) Company (Aviation).  He has served continuously in the USAR and ARNG in active and inactive status from the date of his discharge through the date of his application to the Army Board for Correction of Military Records (ABCMR).

3.  An ARPC Form 249-E, dated 17 June 2010, shows the applicant was credited with 365 active duty points for RA service for the period 4 February 1986 through 3 February 1987 and he was credited with 1 year of qualifying service for retirement.  The form also shows he was credited with 245 active duty points for 


RA service for the period 4 February 1987 to 6 October 1987.  For this period he was credited with 8 months and 3 days of qualifying service for retirement.

4.  The complete facts and circumstances of the applicant's enlistment and subsequent appointment as a warrant officer are not available in his OMPF in iPERMS.

5.  The applicant provides a DD Form 4 showing he executed an enlistment contract entering the USAR in the Delayed Entry Program (DEP) on 25 October 1985.  The form shows the following:

	a.  in Section B (Agreements), the applicant agreed to report by 4 February 1986 for enlistment in the Regular component of the U.S. Army for not less than 5 years;

	b.  in Section F (Discharge from Delayed Entry/Enlistment Program), on 
4 February 1986, the applicant requested to be discharged from the DEP and enlisted in the "Regular Component of the United States Army Reserve" (emphasis added) for a period of 5 years;

	c.  in Section G (Approval and Acceptance by Service Representative), on 
4 February 1986, the applicant was accepted for enlistment in the "Regular Component of the United States Army Reserve" (emphasis added); and

	d.  in Section H (Confirmation of Enlistment or Reenlistment), on 4 February 1986, the applicant took the oath for service in a Regular Component of the Armed Forces.

6.  The entry "Army Reserve" in sections F and G of DD Form 4 is apparently an error.  There is no organization named the "Regular Component of the United States Army Reserve."

7.  The DD Form 1966 series forms provided by the applicant show the following:

	a.  DD Form 1966/1 contains the entry "DAR" in the unnumbered block in Section 1 - Personal Data, 

	b.  DD Form 1966/7 contains in item 37 (Remarks) an entry indicating recruiter credit changed from a U.S. Army Regular Recruiter to a USAR Recruiter, and 



	c.  DD Form 1966/7 shows:

* in item 42a [Enlistment Component], RA
* in item 42j (Specific Option/Program Enlisted for), Enlistment Option
9-12, U.S. Army WOFT Enlistment Option

8.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), in effect at the time, stated enlistment in the DEP was authorized for qualified applicants who had agreed to enlist afterwards in the RA for one of the available enlistment options.

	a.  Table 5-1 (Instructions for Completing the DD Form 1966 Series) specified "DAR" would be entered in the unnumbered block in Section 1- Personal Data for individuals entering the Regular Army/DEP.  The entry "DAV" was used for individuals entering the Army Reserve.

	b.  Table 9-1 (Listing and General Description of Authorized Enlistment Options) specified enlistment option 9-12 was an RA enlistment option.  The USAR WOFT Enlistment Option was option 9-57.

9.  Army Regulation 135-180 (Qualifying Service for Retired Pay Nonregular Service) states after 30 June 1949, a Reservist must earn a minimum of 50 retirement points each retirement year to have that year credited as qualifying service.  Only Soldiers assigned to an active status in a Reserve Component or individuals in active Federal service are authorized to earn retirement point credits.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence does not support the applicant's request for correction of his DD Form 214 to show he was in the USAR during his active duty service in 1986 and 1987.

2.  Individuals who enlist in the DEP are assigned to the USAR until the date they are required to report for enlistment in the RA.  The enlistment documents provided by the applicant contain the entry "Army Reserve" in two places where the correct entry would have been "Army."  This error, taken together with the entry indicating his recruiter changed from a U.S. Army Regular Recruiter to a USAR recruiter, may indicate that the applicant was led to believe he was entering active duty for WOFT as a member of the USAR.  If that was the case, however, his USAR recruiter should have changed his enlistment option to reflect the USAR WOFT Enlistment Option.  The evidence of record shows, the enlistment option he chose required him to enlist in the RA.  Upon successful completion of training, he was released from the RA and ordered to a Guard/Reserve tour as a warrant officer to fulfill his service obligation.

3.  The applicant's current AHRC Form 249-2-E shows he has been credited with retirement points and qualifying time for retirement for his period of RA service.

4.  Although it is possible the applicant believed he was enlisting in the USAR for WOFT, the available evidence is insufficient basis for correcting his DD Form 214 to show he was in the USAR while he was on active duty to complete WOFT.

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)                                         AR20100014245



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ABCMR Record of Proceedings (cont)                                         AR20100014245



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