IN THE CASE OF:
BOARD DATE: 10 March 2015
DOCKET NUMBER: AR20140013207
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show:
* All of her U.S. Army Reserve (USAR) service
* Her deployed service in support of Operation Joint Endeavor
* Award of the Meritorious Service Medal
2. The applicant states she has accepted for a government service position where prior service will be credited towards retirement and deployment time will be credited towards leave accrual.
3. The applicant provides copies of:
* Letter of Appointment, USAR Personnel Center, dated 15 May 1988
* DA Form 71 (Oath of Office - Military Personnel), dated 25 May 1988
* DA Form 67-8 (Officer Evaluation Report), ending on 10 April 1997
* Certificate for award of the Meritorious Service Medal (MSM), dated
20 July 1999
* DD Form 214, Member Copy 1, ending on 1 October 1999
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 25 May 1988, the applicant was appointed as a second lieutenant (2LT), pay grade O-1, USAR.
3. On 13 June 1992, the applicant entered active duty as a captain, pay grade O-3. Her Officer Record Brief shows her basic active service date (BASD) as
13 June 1992 and her assignment history as:
* 13 June 1992 - 23 July 1996: Intern, Tripler Army Medical Center (TAMC), Hawaii
* 24 July 1996 - 30 August 1996: Combat Support Hospital, Wurzburg, Germany
* 1 September 1996 - 30 March 1997: Combat Support Hospital, Forward, Taszar, Hungary
* 1 April 1997 -1 October 1999: Combat Support Hospital, Wurzburg, Germany
4. A Certificate for award of the MSM, as provided by the applicant, indicates that Permanent Orders 196-9, U.S. Army Medical Command, Fort Sam Houston, Texas, dated 15 July 1999, awarded her this medal for meritorious service for the period 21 July 1996 to 1 October 1999.
5. On 1 October 1999, the applicant was honorably discharged due to miscellaneous/general reasons. Her DD Form 214 shows:
a. Item 12 (Record of Service):
* 12a (Date entered active duty this period): 13 June 1992
* 12b (Separated date this period): 1 October 1999
* 12c (Net active service this period): 7 years, 3 months, and 19 days
* 12d (Total prior active service): zero years, months, and days
* 12e (Total prior inactive service): zero years, months, and days
* 12f (Foreign service): 7 years, 2 months, and 1 day
b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) does not include the Meritorious Service Medal; and
c. Item 18 (Remarks) contains the following entry: "//Service in Hungary 1961001 to 19970401//."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends her DD Form 214 should be corrected to show:
* All of her USAR service
* Her deployed service in support of Operation Joint Endeavor
* Award of the Meritorious Service Medal
2. The available evidence shows the applicant accepted her appointment as a 2LT effective 25 May 1988. She entered active duty on 13 June 1992 and was assigned to TAMC as an intern. Her BASD is this same date indicating that she had no prior active service. Therefore, she accrued 4 years and 19 days of inactive service which should be shown in Item 12e of her DD Form 214.
3. The available evidence shows the applicant was deployed to the Combat Support Hospital, Forward, located in Taszar, Hungary, in support of Operation Joint Endeavor from 1 September 1996 - 30 March 1997. Therefore, this deployment should be shown on her DD Form 214.
4. The certificate for award of the MSM, as provided by the applicant, is sufficiently convincing to show that permanent orders were issued to announce her award of this medal. Therefore, her DD Form 214 should be corrected to show this medal.
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:
a. showing in Item 12e of her DD Form 214: 4 years and 19 days;
b. adding in Item 13 of her DD Form 214: Meritorious Service Medal;
c. deleting from Item 18 of her DD Form 214: "//Service in Hungary 1961001 to 19970401//"; and
d. adding in Item 18 of her DD Form 214: "//Deployed to Taszar, Hungary, in support of Operation Joint Endeavor 19960901 - 19970330//."
____________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) AR20140013207
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ABCMR Record of Proceedings (cont) AR20140013207
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