IN THE CASE OF:	  

		BOARD DATE:	  31 March 2015

		DOCKET NUMBER:  AR20140014697 


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) for the period ending 3 July 1981 to show the Meritorious Service Medal with 1st Oak Leaf Cluster (OLC) and, if appropriate, her subsequent Reserve service and retirement.

2.  The applicant states Permanent Orders (PO) Number 33-1, issued by Headquarters, 7th Medical Command, on 10 September 1981, awarded her the Meritorious Service Medal with 1st OLC for service from 23 January 1978 [should be 1980] through 2 July 1981.  Her 1981 DD Form 214 was printed prior to the award orders.  She asks if the updated DD Form 214 should also include her Reserve service and retirement.  She retired from the U.S. Army Reserve (USAR) for pay on 1 December 2013.  She completed a records review of documents she found at home.

3.  The applicant provides copies of her 1981 DD Form 214 and PO   Number 33-1.

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant enlisted in the USAR on 30 August 1973 and entered active duty the same day.  She was honorably discharged from active duty on 6 June 1975 to accept a commission.  She was issued a DD Form 214 crediting her with completing 1 year, 9 months, and 7 days of active service.

3.  She was appointed in the USAR as an Army Nurse Corps second lieutenant on 7 June 1975.  She was ordered to and entered active duty on 9 September 1975.  She was promoted to captain on 9 September 1977.  She served in Germany from 21 January 1980 through 3 July 1981 (a period of 1 year, 5 months, and 13 days including the end date).

4.  Her records contain and she provided a copy of PO Number 33-1, issued by Headquarters, 7th Medical Command on 10 September 1981, awarding her the Meritorious Service Medal with 1st OLC for outstanding meritorious service from 23 January 1980 through 2 July 1981.

5.  She was honorably released from active duty on 3 July 1981 by reason of pregnancy and transferred to the USAR Control Group (Reinforcement).  She was credited with completing 5 years, 9 months, and 19 days of active service.  Her DD Form 214 lists in:

* Item 12d (Total Prior Active Service) – 1 year, 9 months, and 7 days
* Item 12e (Total Prior Inactive Service) – 3 months and 8 days 
* Item 12f (Foreign Service) – 1 year, 5 months, and 13 days
* Item 13 - 

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Army Commendation Medal

* Item 18 (Remarks) – Germany:  800121 - 810703

6.  Orders Number 96-088-015, issued by Headquarters, USAR Command, dated 28 March 1996, transferred her to the Retired Reserve in the rank of lieutenant colonel effective 21 March 1996.

7.  She reached age 60 in December 2013 and became eligible for retired pay at that time.

8.  Item 9 (Awards and Decorations) of her DA Form 2-1 (Personnel Qualification Record – Part II) lists the:

* Army Service Ribbon
* National Defense Service Ribbon
* Overseas Service Ribbon
* Meritorious Service Medal
* Army Commendation Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Armed Forces Reserve Medal (30 August 1983)
* Armed Forces Reserve Medal (30 August 1993)

9.  Army Regulation 635-5 (Separation Documents, in effect at the time, governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  The DD Form 214 provided a brief, clear-cut record of active duty service at the time of release from active duty.  The regulation stated:

* Item 12d - from previously issued DD Forms 214 would list the total amount of prior active service, less time lost, if any
* Item 12e - from previously issued DD Forms 214 would list the total amount of prior inactive service, less time lost, if any
* Item 12f - would list credit for all foreign service completed during the period covered by the DD Form 214
* Item 13 - would list all decorations awarded and authorized for all periods of active duty service
* Item 18 – was used for Department of the Army mandatory requirements when a separate block was not available

10.  Army Regulation 635-200, in effect at the time, set forth the basic authority for separation of enlisted personnel.  Paragraph 3-1 of the regulation stated in accordance with Title 10, U.S. Code, section 1168, a discharge certificate or certificate of release from active duty (DD Form 214) would be given to each Soldier of the Army upon discharge from the Service or release from active duty when they are honorably discharged.





DISCUSSION AND CONCLUSIONS:

1.  PO awarded the applicant the Meritorious Service Medal with 1st OLC for the period 23 January 1980 through 2 July 1981.  Therefore, her DD Form 214 for the period ending 3 July 1981 should be corrected to show this award.

2.  She was awarded the Army Service Ribbon and Overseas Service Ribbon during her period of active duty.  Therefore, this DD Form 214 should be corrected to show these awards.

3.  She was awarded the Armed Forces Reserve Medal in 1983 and 1993, after her period of active duty; however, there are no provisions for listing them on the 1981 DD Form 214.

4.  She asks if an updated DD Form 214 should also show her subsequent Reserve service and retirement.  However, a DD Form 214 is issued to provide a brief, clear-cut record of active duty service at the time of release from active duty.  By regulation, there are no provisions for listing USAR (inactive and active) service performed after the period covered by the DD Form 214 or a Reserve retirement.

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 adding to her DD Form 214 for the period ending 3 July 1981 the:

* Meritorious Service Medal with 1st OLC




* Army Service Ribbon
* Overseas Service Ribbon

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 showing her subsequent reserve service and retirement on this form.



      _______ _   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)                                         AR20140014697





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ABCMR Record of Proceedings (cont)                                         AR20140014697



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