BOARD DATE:	  20 August 2013

		DOCKET NUMBER:  AR20130000735 


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 to show she served from 1978 to 1984 for a period of 6 years 
* correction of her U.S. Army Human Resources Command (AHRC) Form 606-E (Retirement Points), dated 29 June 2009, to show her social security number (SSN) as "xxx-xx-xxx6" instead of "xxx-xx-xxx8"

2.  The applicant states:

* her time was computed incorrectly on her AHRC Form 606-E due to the fact that her records were destroyed by fire in St. Louis, MO
* the wrong SSN was used on her AHRC Form 606-E and DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States)

3.  The applicant provides:

* Social security card
* AHRC Form 606-E
* DD Form 4, pages 1 and 3
* Orders Number 96-6, issued by Headquarters, 121st U.S. Army Reserve Command, Birmingham, AL, dated 16 November 1982
* Orders Number D-05-024528, issued by the U.S. Army Reserve Personnel Center, St. Louis, MO, dated 23 May 1984
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.  On 19 June 1978, the applicant enlisted in the U.S. Army Reserve (USAR) for a 6-year period.  Her DD Form 4 shows she acknowledged she was obligated to serve at least 2 consecutive weeks on active duty/active duty for training and 6 years satisfactorily in the Ready Reserve.  The form also shows her SSN as "xxx-xx-xxx6."

3.  The applicant's service record is void of the DD Form 398 (Statement of Personal History) that would have listed the SSN she disclosed upon her enlistment.

4.  A review of her service record shows the SSN "xxx-xx-xxx6" was consistently used throughout her records with the exception of her AHRC Form 606-E.

5.  Records show the applicant enrolled in course 513-71G10RC (Patient Administration Specialist (Nonresident)) on 9 July 1980.  She was advised of the program requirements and advised that she had 6 months to submit her work or face termination from the course.

6.  On 31 July 1981, the applicant's enrollment in course 513-71G10RC was terminated due to her failure to complete the annual credit hours requirement.

7.  A Statement of Retirement Points, dated 2 March 1982, shows the applicant had a total of 68 points creditable for retirement purposes.

8.  On 22 July 1982, the applicant was notified by certified mail that she had 12 unexcused absences for the following periods:

* 6-7 March 1982
* 3-4 April 1982
* 1-2 May 1982

9.  On 15 November 1982, the applicant was reduced in rank/grade from specialist four/E-4 to the rank/grade of private first class/E-3.

10.  Orders Number 96-6, dated 16 November 1982, show the applicant was relieved from her unit and transferred to the USAR Control Group (Reinforcement) due to unsatisfactory participation.

11.  Orders Number D-05-024528, dated 23 May 1984, show the applicant was honorably discharged from the Ready Reserve.

12.  On 19 May 2009, the applicant requested assistance from her Congressman to have her service time corrected in order to obtain a DD Form 214 (Certificate of Release or Discharge from Active Duty).

13.  On 7 July 2009, the Chief, Army Personnel Records, Division, AHRC, provided a response to the applicant's Congressman which stated:

   "In accordance with Army Regulation 635-5 (Separation Documents ), a Reserve Component Soldier would have to complete 90 days or more of continuous active duty for training to receive a DD Form 214.  Inactive duty drill points earned by a Reservist are counted towards retirement, but not considered active duty.  The applicant's records indicate that she completed 41 non-consecutive days of active duty; therefore, she is not eligible to receive a
DD Form 214.  A copy of her AHRC Form 606-E, which verified her active and inactive duty points was provided."

14.  The applicant provides a copy of her social security card which shows her SSN as "xxx-xx-xxx6."

15.  A review of the applicant's service record fails to show any service performed after 16 November 1982 and the applicant does not provide any evidence.

16.  Army Regulation 140-185 (Army Reserve Training and Retirement Point Credits and Unit Level Strength Accounting Records) prescribes the types of training and activities for which retirement points are authorized and the procedures for recording retirement point credit and training for USAR Soldiers.  

	a.  Paragraph 3-3(3) states the DA Form 1380 is used to record inactive duty training by non-unit Soldiers under the jurisdiction of AHRC who are attached for retirement points only to USAR troop program units, Army National Guard units, or to another service or component for training.

	b.  This regulation further provides that a qualifying retirement year is a full 
12-month period in which a Soldier is in an active status and earns a minimum of 50 retirement points.  A qualifying partial retirement year is a period less than 12 months in which a Soldier is in an active status and earns the minimum number of retirement points as designated in the pro-rated tables in Appendices A, B, and C.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of her records to show she served for a period of 6 years and correction of her SSN on her AHRC Form 606-E was carefully considered.

2.  Records show the applicant was released from her unit and transferred to the USAR Control Group (Reinforcement) on 16 November 1982 for unsatisfactory participation.  There is no evidence the applicant served 90 continuous days or any time after her separation in 1982 nor does she provide any; therefore, there is no basis to correct her records to show she served and earned inactive or active duty points after November 1982.

3.  In 2009, AHRC reviewed the applicant's request for a DD Form 214 and determined there is no evidence or indication that the applicant’s retirement points were improperly calculated or that she should have additional points as qualifying for retired pay.  

4.  However, she was discharged on 18 June 1984.  Her AHRC Form 606-E credited her with points through 16 November 1982, the date she was transferred to the USAR Control Group (Reinforcement).  Although there is no evidence she participated in any unit training or entered active duty between 16 November 1982 and 18 June 1984, she was still entitled to membership points.  As such, her AHRC Form 606-E should credit her with 15 membership points per year and/or an appropriate number of membership points for a fraction of the year between 16 November 1982 and 18 June 1984.

5.  As for her SSN, the SSN listed on her AHRC Form 606-E appears to be a harmless administrative error.  Her SSN is properly shown through her service record.  However, she is entitled to correction this form to show her correct SSN.

6.  In view of the above, the applicant's records should be corrected as indicated below.
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 her AHRC Form 606-E to show her SSN as it is listed on her social security card
* amending her AHRC Form 606-E to show:

* her discharge date as 18 June 1984 vice 16 November 1982
* credit of the maximum number of membership points per year and/or an appropriate number of membership points for a fraction of the year 



      _______ _  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)                                         AR20130000735



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130000735



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1