IN THE CASE OF:	  

		BOARD DATE:	  6 June 2013

		DOCKET NUMBER:  AR20120019805 

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 her records by reinstating her as a member of the U.S. Army Reserve (USAR) Individual Ready Reserve (IRR) and showing she completed training and was awarded military occupational specialty (MOS) 25R (Visual Information Equipment Operator-Maintainer).

2.  The applicant states:

	a.  Her command released her to the IRR, but records at the U.S. Army Human Resources Command (HRC) show her as both in the IRR and as discharged.

	b.  She was issued a military identification card with an expiration date of 12 November 2014 showing she is in the IRR.

	c  Because she is shown as being both in the IRR and as discharged, she is losing benefits.

	d.  She needs her IRR status reinstated to her Reserve obligation termination date as shown on her DD Form 214 (12 November 2014).

	e.  She worked very hard for 9 months to earn her MOS and graduated with her class.  She deserves to be recognized for her efforts and shown to have been awarded MOS 25R.

3.  The applicant provides copies of her DD Form 214, a Region 7 Army Reserve Careers Division letter, her Armed Forces of the United States Geneva Conventions Identification Card, diplomas for the Electronic Fundamentals Course and Basic Television Equipment Maintenance Course, Defense Information School Final Grades Reports, and Television Equipment Maintenance Course graduation ceremony program.

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 Regular Army on 23 January 2007 with an 8-year service obligation.

3.  The Defense Information School diplomas show completion of the Electronic Fundamentals Course on 8 August 2007 and the Basic Television Equipment Maintenance Course on 19 December 2007.  These are the proponent courses for MOS 25R training.

4.  The graduation ceremony program shows she completed Basic Television Equipment Maintenance Course on 19 December 2007 with a follow-on assignment to Fort Bragg, NC.

5.  The available records do not show why the applicant remained at Fort Meade, MD, following graduation.

6.  On 1 May 2008, the applicant was found to be pregnant, requested separation, and was processed for separation under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 8, by reason of pregnancy or childbirth.

7.  The separation authority approved her request and directed her discharge with her service characterized as honorable and her transfer to the USAR IRR upon discharge in accordance with Army Regulation 635-200, 
paragraph 1-35.

8.  Headquarters, U.S. Army Garrison, Fort Meade, Orders 178-0001, dated 26 June 2008, as amended, reassigned the applicant to the transition point for release from active duty (REFRAD) effective 3 July 2008.  Orders 178-0001 also show her reassignment to the USAR Control Group (Reinforcement) with a Reserve obligation date of 12 November 2014.

9.  All of the documents prepared by the transition point refer to the applicant's separation as a REFRAD.

10.  The applicant's DD Form 214 shows:

* item 9 (Command to Which Transferred) – N/A
* item 11 (Primary Specialty) – NONE
* item 14 (Military Education) – NONE
* item 23 (Type of Separation) – REFRAD

11.  Her Enlisted Record Brief (ERB) shows her primary MOS as 25R.  The last entry under the assignment information section is her assignment to the U.S. Army Signal Student Detachment Student Company, Fort Meade, effective 9 April 2007.

12.  The Army Training Requirements and Resources System web site provides that training for MOS 25R consists of 9 weeks of basic training followed by 26 weeks of advanced individual training at Fort Meade.

13.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 1-35 provides that Soldiers with a remaining mandatory service obligation may be transferred to the IRR upon REFRAD if they meet all of the required criteria, including (but not limited to) completion of initial entry training and award of an MOS.

DISCUSSION AND CONCLUSIONS:

1.  Although the discharge authority used the term "discharge," she also directed the applicant's transfer to the USAR IRR.  This defines the applicant's separation as a REFRAD, not a discharge.  The service copy of her DD Form 214 reflects this in item 23.

2.  The applicant completed two military educational courses as a part of her MOS training.  Neither is shown on her DD Form 214.  It would be appropriate to correct this omission.

3.  Upon her REFRAD, she was transferred to the USAR IRR with a Reserve service obligation through 12 November 2014.  Item 9 of her DD Form 214 incorrectly shows N/A instead of USAR Control Group (Reinforcement).  It would be appropriate to correct this error.

4.  The graduation ceremony program, course diplomas, and final grade statements combined with the ERB entry of a primary MOS of 25R show the applicant did, in fact, complete her MOS training and was awarded MOS 25R in December 2007.

5.  Based on the above, it would be appropriate to correct the applicant's DD Form 214 as follows:

* item 9 – USAR Control Group (Reinforcement)
* item 11 – 25R/Visual Information Equipment Operator-Maintainer/
7 months
* item 14 – Television Equipment Maintenance Course/26 weeks/December 2007

6.  The applicant has not provided any evidence of an error at HRC related to her USAR status.  Should the above recommendations not correct the problems she is experiencing, the applicant may reapply with the submission of documentation of the specific error for further consideration.

BOARD VOTE:

___x____  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 her DD Form 214 as follows:

* item 9 – USAR Control Group (Reinforcement)
* item 11 – 25R/Visual Information Equipment Operator-Maintainer/
7 months
* item 14 – Television Equipment Maintenance Course/26 weeks/December 2007



      _______ _   _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)                                         AR20120019805



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ABCMR Record of Proceedings (cont)                                         AR20120019805



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