IN THE CASE OF:
BOARD DATE: 21 June 2012
DOCKET NUMBER: AR20120004205
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to document her attendance at the Uniformed Services University of the Health Sciences (USUHS).
2. The applicant states there is currently no comment on her DD Form 214 documenting her completion of USUHS. She claims the lack of this entry will impact her civil service retirement calculation.
3. The applicant provides the six attachments identified in her application in support of her request.
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 record shows the applicant was appointed a second lieutenant in the Medical Service Corps (MSC) of U.S. Army Reserve (USAR) on 27 April 1989 in order to attend USUHS.
3. On 18 July 1989, the applicant entered USUHS to complete her medical degree and on 15 May 1993, she graduated from USUHS and received a Doctor of Medicine degree and entered active duty as a captain in the Medical Corps (MC).
4. On 30 September 2006, the applicant was honorably discharged in the rank of lieutenant colonel. The DD Form 214 she was issued at the time does not document her attendance at USUHS.
5. Office of the Assistant Secretary of Defense Memorandum , dated 1 July 2002, provided uniform guidance for computing military retired and retainer pay when a member was a medical student at the USUHS. It stated, in pertinent part, that years of service at USUHS as a medical student are creditable in computing retired pay and as a result Military Service Departments and Defense Finance and Accounting Service (DFAS) should establish procedures to show such service is credited as appropriate and to identify persons effected by this policy.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains provides item-by-item preparation instructions for the DD Form 214. The instructions for item 18 state, in pertinent part, that item 18 (Remarks) will be used for Headquarters, Department of the Army (HQDA) requirements when a separate item is not available.
DISCUSSION AND CONCLUSIONS:
The applicants request to document her attendance at USUHS on her DD Form 214 has been carefully considered and found to have merit. Although not a required entry on the DD Form 214, it will do no harm to add the following entry to item 18 of the applicants DD Form 214, CREDITABLE SERVICE AT USUHS FROM 19890718-19930515.
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 all Department of the Army records of the individual concerned be corrected by amending item 18 of her DD Form 214 by adding the entry, CREDITABLE SERVICE AT USUHS FROM 19890718-19930515.
_______ _ __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) AR20120004205
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ABCMR Record of Proceedings (cont) AR20120004205
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