BOARD DATE:	  16 February 2011 

		DOCKET NUMBER:  AR20100014915 


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 to her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her rank/pay grade as private first class (PFC)/E-3, total active duty service days, an achievement medal, and adding an honorable separation code.

2.  The applicant states her DD Form 214 is incorrect for it does not show her rank/pay grade as a PFC/E-3, her achievement awards, an honorable separation code and all her active duty service days.  By correcting her record, it would allow her to buy up to 2 years of military service credit towards her retirement pension from the State of Indiana.  She states, "It is vitally important that all of my active duty time be reflected on the DD Form 214 in order for me to qualify for the pension buy in."

3.  The applicant provides the following documentary evidence in support of her application:

	a.  a DD Form 214 for the period ending 23 November 1993;

	b.  two DA Forms 4187 (Personnel Action), dated 22 October 1993 and 2 September 1994;

	c.  an award memorandum, dated 13 July 1996;

	d.  Orders D-09-048434 issued by U.S. Army Reserve Personnel Command (ARPERSCOM) on 5 September 2000;

	e.  seven sets of active duty for training (ADT), annual training (AT), or active duty special work (ADSW) orders;

	f.  multiple military financial documents;

	g.  an honorable discharge certificate issued on 5 September 2000; 

	h.  a copy of the State of Indiana, 2009 Legislative Summary; and

	i.  personal state identification cards.

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's official military personnel file (OMPF) is not available for the Board's review.  However, the applicant provided sufficient evidence for a fair and impartial review of her application.

3.  She provided a copy of Orders 196-19 issued by the Military Entrance Processing Station in Des Plaines, IL on 2 September 1992.  This order directed her to enter active duty in an initial active duty for training (IADT) status to attend basic and advanced individual training (AIT).  

4.  On 8 July 1993, she entered IADT.  

5.  On 1 November 1993, her U.S. Army Reserve unit commander promoted her to the rank of PFC/pay grade E-3.

6.  On 23 November 1993, she was released from IADT upon completion of her initial entry training and was issued a DD Form 214.  She was awarded military occupational specialty 91B (Medical Specialist).  Her DD Form 214 shows the 
following pertinent entries:

* item 4a (Grade, Rate or Rank) "PV2" (private)
* item 4b (Pay Grade) "E2"
* item 12c (Net Active Service This Period)  "00 years, 04 months, and 16 days" 
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) 

* National Defense Service Medal
* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar 

* item 23 (Type of Separation) "RELEASE FROM ACTIVE DUTY TRAINING "
* item 24 (Character of Service)  "UNCHARACTERIZED" 
* item 25 (Separation Authority) "MEPS SELF-TERMINATING 
ORDER 169-19 DATED 920902 CRS 91B" 
* item 26 (Separation Code) "NA" (not applicable)

7.  On 5 September 2000, she was honorably discharged from the USAR.

8.  As supporting documentary evidence, the applicant provided the following documents:

	a.  Orders 169-19 issued by the Military Entrance Processing Station, on 2 September 1992, ordered her to active duty on 8 July 1993 to attend her initial and advanced individual training in an active duty for training status; 

	b.  Orders 057-013 issued by Headquarters, 123rd Army Reserve Command (ARCOM) on 15 February 1994 ordered her to ADSW for 5 days effective 28 February 1994;

	c.  Orders 057-12 issued by Headquarters 123rd ARCOM on 15 February 1994 ordered her to ADSW for 5 days effective 7 March 1994;

	d.  Orders 057-014 issued by Headquarters 123rd ARCOM on 15 February 1994 ordered her to ADSW for 5 days effective 14 March 1994;

	e.  Orders 149-059 issued by Headquarters, 123rd ARCOM on 11 July 1994 for ADT effective 29 July 1994 with a supporting travel voucher showing payment for her travel expenses and per diem; and

	f.  Orders 198-001 issued by Headquarters, 123rd ARCOM on 16 August 1995 for AT for the period 19 August 1995 to 2 September 1995 with a leave and earnings statement showing she was paid for this period of AT.

	g.  a memorandum showing she was awarded the Army Reserve Components Medal on 13 July 1996 for honorable and satisfactory service as a member of the Reserve Component of the Armed Forces of the United States for a period of 4 years. 

9.  References:

	a.   Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states 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 to include members of the Reserve component on ADT for more than 90 days.  In addition, Reserve component Solders who complete their IADT and are awarded an MOS will receive a DD Form 214 upon the completion of their IADT regardless of its duration.  

	b.  Army Regulation 635-5 specifies, in pertinent part, that for item 12 (Record of Service) the following entries will be made:

* item 12a (Date Entered Active Duty [AD] This Period) enter the beginning date of the continuous period of AD for issuance of this DD Form 214 for which a DD Form 214 was not previously issued
* 12b (Separation Date This Period) enter the Soldier’s transition date
* 12c (Net Active Service This Period) enter the amount of service completed during this period, computed by subtracting item 12a from 12b 
* 12d (Total Prior Active Service) enter from previously issued DD Forms 214 the total amount of prior active military service
* 12e (Total Prior Inactive Service) enter from previously issued DD Forms 214 the total amount of prior inactive service 

	c.  Army Regulation 635-5 specifies that for item 25 (Separation Authority) obtain correct entry from regulatory or directives authorizing the separation.  For a soldier ordered to ADT and ADSW by self–terminating orders, enter "SELF–TERMINATING ORDERS, (ORDER NUMBER, COURSE AND DATE)."  For item 26 (Separation Code) normally, when block 25 contains self–terminating orders, enter "NA."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends her DD Form 214 does not show her correct rank/pay grade, her correct number of active duty service days, her achievement awards, or an appropriate separation code.

2.  Based on the evidence provided by the applicant, she was promoted to the rank of PFC/E-3 on 1 November 1993.  Since she was released from her IADT on 23 November 1993, she is entitled to a correction of her DD Form 214 to show her rank upon separation was PFC in pay grade E-3.

3.  The applicant's DD Form 214 for her period of IADT from 8 July 1993 to 23 November 1993 accurately reflects the number of active duty days she served during this period.  Active duty service performed in IADT, AT, ADT or ADSW after her release from active duty will not be recorded on a DD Form 214 unless each period ordered to active duty exceeds 90 continuous days or an MOS is awarded.  Therefore, there is no requirement to record her additional brief periods of active duty on a DD Form 214 for based on the evidence she presented no period other than her initial IADT exceeded 90 days of active service. 

4.  The awards recorded on her DD Form 214 represent the awards and service ribbons she received while on active duty.  As the USAR achievement award order was issued on 13 July 1996 for her 4 years of USAR service, there is no justification to add this USAR service award to her DD Form 214 issued on 23 November 1993.

5.  As the applicant was on IADT on self-terminating orders, the only appropriate separation code per regulatory guidance is "NA" as shown on her DD Form 214. 

6.  The ABCMR does not grant requests solely for the purpose of establishing eligibility for Veterans' benefits at the Federal or state level.  Additionally, the granting of Veteran's benefits is not within the purview of the ABCMR and any questions regarding eligibility for benefits should be addressed to the appropriate state agency.



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 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 showing her rank upon separation from active duty was PFC in pay grade E-3.

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 correcting her DD Form 214 to show the Army Reserve Components Medal, an honorable separation code in item 26 instead of "NA," and all periods of IADT, AT, ADT, and ADSW that she performed after her separation date from active duty.



      _______ _ 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)                                         AR20100014915



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ABCMR Record of Proceedings (cont)                                         AR20100014915



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