IN THE CASE OF:
BOARD DATE: 13 April 2011
DOCKET NUMBER: AR20100022056
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 she be granted additional active duty service during the period 1980 and 1984 for retirement purposes.
2. The applicant states:
* all of her Reserve time (with the exception of military schooling) was never recorded and accounted for from 1980 to 1984
* she is providing records which show additional Reserve time that is not credited towards her active military service for retirement percentage
* when she adds the additional time it adds at least seven more months to the total she is currently receiving
* for purposes of retired pay, all the Reserve time she performed has not been added to calculate her final retirement pay entitlement
* her ARPC Form 249-E (U.S. Army Reserve (USAR) Personnel Command Chronological Statement of Retirement Points) is incorrect
* the only Reserve time she was credited with when she retired was reflected on her retirement DD Form 214 (Certificate of Release or Discharge from Active Duty)
* her drill weekends, annual training, and additional active duty service while she was in the Reserves was never added to her active time, nor were annual Reserve membership points added
3. The applicant provides:
* her DD Forms 214 for the periods ending 1 March 1980, 18 December 1982, and 31 October 2008
* her Officer Evaluation Reports (OERs)
* her assignment orders for Reserve units
* orders for annual training
* her DA Forms 2139 (Military Pay Voucher)
* her awards
* her ARPC Form 249-E
* a DA Form 7301-R (Officer Service Computation for Retirement)
* records of email correspondence
* her Leave and Earnings Statements (LES)
CONSIDERATION OF EVIDENCE:
1. Her USAR enlistment contract and appointment documents are not available. Having prior enlisted service and commissioned service in the USAR, she was ordered to active duty on 31 January 1984 in the Regular Army. On 31 October 2008, she retired in the rank of colonel.
2. She provided LESs and documentation which show active duty periods while she served in the USAR (drill weekends, annual training, and additional active duty service) during the period 1981 to 1984.
3. Her DA Form 7301-R does not include these active duty periods shown on the documentation provided by the applicant.
4. Her ARPC Form 249-E, dated 29 March 2011, shows she received active duty points from 29 October 1979 through 30 October 2008 as a Regular Army commissioned officer.
DISCUSSION AND CONCLUSIONS:
1. Her contentions were carefully considered and appear to have merit.
2. She provided LESs and documentation which show active duty periods during the period 1981 to 1984 while in a Reserve status. However, this service is not shown on her DA Form 7301-R.
3. In addition, it appears her ARPC Form 249-E is incorrect since she did not have continuous Regular Army active duty from 29 October 1979 to 31 January 1984.
4. Since there are discrepancies in her service, the U.S. Army Human Resources Command should prepare a new DA Form 7301-R to include all her service shown in the provided documentation and correct her retirement orders as appropriate. In addition, her ARPC Form 249-E should be corrected accordingly.
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:
a. directing the U.S. Army Human Resources Command to calculate her active service as of 30 January 1984;
b. preparing a new DA Form 7301-R to include the service shown by the provided documentation;
c. correcting her retirement orders and ARPC Form 249-E; and
d. providing her a copy of the adjusted DA Form 7301-R and ARPC
Form 249-E USAR as appropriate.
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 granting additional active
duty service during the period 1980 and 1984 for retirement purposes without her service being first calculated by the U. S. Army Human Resources Command.
__________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) AR20100022056
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ABCMR Record of Proceedings (cont) AR20100022056
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