BOARD DATE:	  15 September 2015

		DOCKET NUMBER:  AR20150001529


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 block 12e (Total Prior Inactive Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 December 1999.  

2.  The applicant states the entry in block 12e of 10 months and 10 days is incorrect and should reflect 10 months and 15 days.  The Fort Carson separation office misinterpreted the National Guard Bureau (NGB) Form 23C (Army National Guard Retirement Points History Statement - Application for Retirement Pay) that documents his service in the Washington Army National Guard (WAARNG).  Supporting documents from the U.S. Army Human Resources Command (HRC) confirmed the error when his Army Human Resources Command (AHRC) Form 249-E (Chronological Statement of Retirement Points) was updated for his pending retirement.

3.  The applicant provides the following in support of his request:

* DD Form 214
* AHRC Form 249-E
* Email correspondence between himself and HRC
* NGB Form 22 (Report of Separation and Record of Service), effective    25 April 1988
* NGB Form 23C
* 10 Leave and Earnings Statements from July 1987 through April 1988
* Orders 40-3-A-27, issued by Headquarters, U.S. Army Fourth Region, U.S. Army Reserve Officer's Training Corps (ROTC) Cadet Command, Fort Lewis, Washington on 11 March 1988 

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 was appointed as a Reserve commissioned officer of the Army on 11 June 1987, in the rank of second lieutenant.  He executed a                    DA Form 71 (Oath of Office - Military Personnel) on this same date.  

3. Orders 40-3-A-27, issued by Headquarters, U.S. Army Fourth Region, U.S. Army ROTC Cadet Command, Fort Lewis, Washington on 11 March 1988, ordered him to active duty.  This order stated the following:

     a.  He would be assigned to the 2nd Armored Division, Fort Hood, Texas with a report date of 15 August 1988.

     b.  He would serve a period of temporary duty from 26 April 1988 to 
8 August 1988, at the Academy of Health Sciences, Fort Sam Houston, Texas, for the purpose of attending the U.S. Army Medical Department (AMEDD) Officer Basic Course (OBC), with a reporting date of 26 April 1988.

     c.  He would not commence travel prior to 19 April 1988 and would perform interim duty at the Academy of Health Sciences prior to attending OBC.  

     d.  Effective on the date of his entry on active duty, he would be appointed in the grade of 2LT and placed on the active duty list in this grade in accordance with Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment of Army Medical Department Branches).  
 
     e.  He should request the servicing MILPO (Military Personnel Office) at his first permanent duty station initiate a DD Form 220 (Active Duty Report) upon 
in-processing, to insure MILPERCEN (U.S. Army Military Personnel Center) appropriately calculated his date of rank. 

4.  His record contains a DD Form 220, dated 27 April 1988, which depicts the applicant's effective date of entry on active duty as 21 April 1988, with a reporting date of 26 April 1988 by the authority of Orders 40-3-A-27.  This document was initiated by Headquarters, Fort Sam Houston, Texas, and was signed and dated by the applicant and the Chief, Student Personnel Branch on 27 April 1988.

5.  His record contains DA Form 1506 (Statement of Service - For Computation of Length of Service for Pay Purposes) completed by the 4th Personnel Services Battalion, Fort Carson, Colorado on 20 August 1999.  This document contains the following entries:

* "USAR (Inactive)	from:  87 06 11	to:  87 07 22"
* "USNG (Inactive)	from:  87 07 23   to:  88 04 20"
* "US Army (Active)	from:  88 04 21   to:  Present"
* "PEBD:  870611"
* "BASD:  880421"

6.  Orders 260-0010, issued by Headquarters, 7th Infantry Division and Fort Carson, Colorado on 17 September 1999, reassigned him to the U.S. Army transition point, effective 1 December 1999, and released him from active duty and assigned him to the U.S. Army Reserve Control Group (Individual Ready Reserve (IRR)).

7.  He received transition orders on 27 October 1999 that amended his order and assigned him from the USAR Control Group (IRR) to the 5025th USAR Garrison Support Unit, Fort Carson, Colorado, to report within 30 days of his release from active duty. 

8.  His DD Form 214 confirms he was honorably released from active duty by reason of non-selection, permanent promotion, and transferred to the 5025th USAR Garrison Support Unit, Fort Carson, Colorado, effective 1 December 1999.  His DD Form 214 shows in:

* Block 12a (Date entered AD this Period):  "1988  04  21," indicating he entered active duty on 21 April 1988
* Block 12e (Total Prior Inactive Service):  "0000  10  10," indicating he had 10 months and 10 days of inactive service

9.  His record includes an ORB (Officer Record Brief), dated 20 December 1999, which shows his basic active service date of 21 April 1988. 

10.  The applicant provides the following documents:

     a.  Email correspondence between him and Ms. L.G., HRC Retirement Points Analyst, Incentive Branch, in which they discuss his issues with the calculation of his points.  In an email, dated 25 November 2014, Ms. L.G. states she changed his ARHC Form 249-E using Form NGB 23C based on the ending date of his NG time.  It previously showed as 21 April and she changed it to show 25 April; thereby needing to change his DD Form 214 to reflect a difference in the prior inactive service time.

     b.  AHRC Form 249-E, on which he highlighted the entry that HRC corrected, which depicts his qualifying service for retirement years, months, and days for the period 11 June 1987 to 25 April 1988 to be 10 months and 15 days.

     c. NGB Form 22 that shows he was honorably released from the ARNG to fulfill an active Army requirement with an effective date of 25 April 1988.  It also shows his total service for pay as 10 months and 15 days.  

     d.  NGB Form 23C that shows his creditable service for retirement pay as being 10 months and 15 days for the period of 11 June 1987 to 25 April 1988.

     e.  Ten Leave and Earning Statements from July 1987 to April 1988.  It is unclear what he intended to show with these. 

11.  Army Regulation 635-5 (Separation Documents), effective at that time, establishes the standardized policy for preparing and distributing the DD Form 214.  This regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her active duty military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that block 12e shows the total amount of prior inactive service, less lost time, if any. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of block 12e of his DD Form 214 for the period ending 1 December 1999 was carefully considered.  

2.  The evidence of record shows the applicant was ordered to active duty by Orders 40-3-A-27 to attend his OBC at Fort Sam Houston, Texas, with a report date of 26 April 1988.   These orders instructed him that his travel could not commence prior to 19 April 1988, and further instructed him to initiate a DD Form 220.  The DD Form 220, which was verified by his signature and the signature of the Chief, Student Personnel Branch, established his effective date of entry on active duty as 21 April 1988.  This suggests that his travel time from his home of record to Fort Sam Houston, TX, was approximately 3 days, since he could not commence travel prior to 19 April and signed into his duty station on 21 April 1988.  This date, 21 April 1988, therefore establishes his basic active service date.  This date appears on several documents in his records to include DA Form 1506, his ORB, and his DD Form 214.

3.  The date of 26 April 1988 is the start date of his period of temporary duty, i.e., attending the AMEDD OBC, and not the establishment of his BASD.  The recalculation of his AHRC Form 249-E appears to incorrectly use his TDY report date on his orders vice the correct date of his entry on active duty per DD Form 220.

4.  The NGB Form 22 and NGB Form 23C appear to have used his reporting date on his orders instead of the sign in date that appears on his DD Form 220 when calculating his inactive service period, thereby inaccurately stating it was 
10 months and 15 days.  Therefore, his NGB Forms 22 and 23C are incorrect; however, this Board has no purview to correct these documents until the applicant has exhausted his administrative remedy available through the WAARNG.  

5.  The entry in block 12e on his DD Form 214 of 10 months and 10 days, accurately depicts his total prior inactive service time; therefore, there is no error or injustice and the applicant's contention is without merit.

6.  Therefore, there is no basis for granting the requested relief.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X______  ___X_____  ___X__  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ___________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)                                         AR20100011649



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ABCMR Record of Proceedings (cont)                                         AR20150001529



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