PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           24 November 1999                   
	DOCKET NUMBER:   AR1999025483

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Robert G. Hinkle		Member	
	Mr. Lester Echols		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that her DD Form 214 be corrected to show she entered active duty from September 1990 to July 1991 and that her date of rank be changed from December 1991 to August 1991.  (She uses the same DD Form 149 she provided to the Air Force Corrections Board.)

3.  The applicant states that she served during the Gulf War from September 1990 to July 1991.  She has been active duty Air Force since September 1992 and this correction is needed to correct her Air Force date of rank.  In August of (1990) she was called to active duty for the Gulf War.  She was stationed at the Presidio of San Francisco until December of that year when she was transferred to Fort Carson, CO.  She stayed on active duty until July 1991.  She provides her active duty orders and the amendment thereto, her leave and earnings statements for the months October and November 1990, an Army Achievement Medal citation awarded for the period 4 September – 5 December 1990, annual training orders for the period 8 – 20 December 1990, her DD Form 214 for the period ending 29 June 1991, a memorandum from the Air Force Corrections Board, and a Retirement Points Accounting System (RPAS) points inquiry.

4.  The applicant’s military records show that she was appointed a first lieutenant in the Army Nurse Corps, U. S. Army Reserve on 20 October 1989.

5.  On 29 August 1990, the applicant was ordered to active duty in support of Operation Desert Shield for 90 days with a report date of 4 September 1990.  These orders were amended on 13 November 1990 to change the period of active duty to read 139 days.

6.  On 19 December 1990, orders were published amending earlier orders that ordered the applicant to annual training effective 8 December 1990.  The ending period of the annual training was 20 December 1990.

7.  The applicant’s DD Form 214 shows she was ordered to active duty and stationed at Fort Carson, CO for the period 23 December 1990 – 29 June 1991 in support of Operations Desert Shield/Desert Storm.

8.  RPAS shows the applicant earned 13 days active duty retirement points during retirement year ending (RYE) date 19 October 1991 and 15 active duty retirement points during RYE date 19 October 1992.

9.  On 20 September 1999, the Defense Finance and Accounting Service (DFAS) verified that the applicant served on two separate periods of active duty, one period from 4 September – 3 December 1990 (for a period of 91 days) and the second period from 23 December 1990 – 29 June 1991 (for which she received a DD Form 214).  A copy of the phone conversation with DFAS was provided to the applicant for comment or rebuttal.  She did not respond within the given time frame.
10.  Army Regulation 635-5 prescribes the separation documents which are prepared for individuals upon release from active military service or control of the Army.  It states that a DD Form 214 will be prepared for all personnel after completing 90 days or more of continuous ADT, full-time training duty, or active duty support.  It also states that block 12d will contain all (prior active) service less time lost.

11.  The Air Force Corrections Board had informed the applicant that they may be able to accommodate her request for additional active duty service if the Army would correct her DD Form 214 to reflect the correct information and if RPAS were corrected.

CONCLUSIONS:

1.  The Board concludes that there is no error or injustice in making no change to the applicant’s Army date of rank.  She was appointed a first lieutenant in the     U. S. Army Reserve on 20 October 1989 and her reference to her date of rank presumably was meant for the Air Force Corrections Board.

2.  Based upon the evidence provided by DFAS and that provided by the applicant, the Board concludes the applicant serve two separate periods of active duty, one period from 4 September – 3 December 1990 and one from                   23 December 1990 to 29 June 1991 with a period of annual training in between.

3.  The period from 4 September – 3 December 1990 was for 91 days and the applicant should have received a DD Form 214 for this period of active duty.  

4.  The applicant has provided no evidence to refute the information provided by DFAS regarding the date entered active duty and separation date on her DD Form 214.  However, block 12d of her DD Form 214 should reflect her prior period of active duty.

5.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by:

     a.  issuing a DD Form 214 to the applicant showing she entered active duty on 4 September 1990 and separated on 3 December 1990; 

     b.  amending the applicant’s DD Form 214 for the period ending 29 June 1991, block 12d to read 00 03 01; and
     c.  making the appropriate corrections to RPAS for the applicant’s RYE dates 19 October 1991 and 19 October 1992.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__rvo___  __rgh___  __le____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999025483	
SUFFIX		
RECON		
DATE BOARDED	19991124	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	135.02	
2.		
3.		
4.		
5.		
6.