RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 February 2007 DOCKET NUMBER: AR20060009853 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. Carl W. S. Chun Director Mr. John J. Wendland, Jr. Analyst The following members, a quorum, were present: Mr. Hubert O. Fry Chairperson Mr. William F. Crain Member Mr. Dale E. DeBruler Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, the status of her application for appointment as a commissioned officer in the U.S. Army documented in her military service records. She also requests, in effect, correction of her discharge document to show her prior service in the U.S. Army Reserve (USAR) and promotion to the rank of staff sergeant/pay grade E-6 (SSG/E-6). 2. The applicant states, in effect, that she believes her records are incorrect due to conflicting information provided by U.S. Army recruiters and Reserve Officer Training Corps (ROTC) cadre. She also states, in effect, that she completed the requirements for appointment as a commissioned officer in the U.S. Army and was recognized for this in an official ceremony; however her appointment packet has been misplaced and is not in her military service records. She further states, in effect, that a packet concerning her promotion to SSG/E-6 was forwarded; however, she was not promoted prior to her expiration of term of service (ETS). The applicant goes on to state, in effect, that the Board should find in the interest of justice to consider untimely submission of her application based on the principles that this country was founded upon (i.e., opportunity, justice, and equality); to justly note in her military service records her efforts and deep sense of patriotism; because, at the time, "many issues were yet being ironed out in the deep South"; and conflicting information regarding her military status (i.e., as an enlisted Soldier rather than as a commissioned officer) while she was on active duty did not allow her to fully utilize her military training. 3. The applicant provides copies of a DA Form 873 (Certificate of Clearance and/or Security Determination), dated 23 May 1979; DA Form 134 (Military Training Certificate - ROTC), dated 18 December 1981; DA Form 2-1 (Personnel Qualification Record), 2 pages; DA Form 2166-6 (Enlisted Evaluation Report), period of report from December 1984 through February 1985; DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 25 May 1985; DD Form 256A (Honorable Discharge Certificate), dated 25 May 1988; and Headquarters, U.S. Total Army Personnel Agency (Provisional), St. Louis, Missouri, memorandum, undated, subject: Missing Documents. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error which occurred on 25 May 1985, the date of her release from active duty (REFRAD). The application submitted in this case is dated 13 June 2005 (sic). 2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file. 3. The applicant’s military service records contain a DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States), dated 17 January 1979 and DA Form 597 (Army Senior Reserve Officers' Training Corps Student Contract), dated 17 January 1979. These documents show, in pertinent part, that the applicant enlisted in the USAR on 17 January 1979 for a period of 6 years in the pay grade of a Cadet. These documents also explain the obligation and participation requirements to enroll as a student in the ROTC Scholarship Program and Advanced Course. Part I (Contract - Agreement of Non-Scholarship Cadet Enrolling in the Advanced Course), paragraph 1, subparagraph d, of the DA Form 597 provides, in pertinent part, "[m]y enrollment in the ROTC does not commit the Army to my continuance in the program or my appointment as an officer." This document also shows that the applicant, along with the lieutenant colonel serving in the position of Professor of Military Science, signed the DA Form 597 on 17 January 1979. 4. The applicant’s military service records contain a DA Form 2496 (Disposition Form), dated 1 September 1980, subject: Revocation of Guaranteed Active Duty for Training (ADT) Contract Indorsement. This document shows that the applicant requested that her Guaranteed ADT Contract Indorsement be revoked so that she could apply and be considered for active duty. This document also shows that the applicant's request was approved on 12 September 1980 by the lieutenant colonel serving in the position of Professor of Military Science. 5. The applicant’s military service records contain a DA Form 61 (Application for Appointment), dated 23 September 1980. This document shows, in pertinent part, that the applicant was to have successfully completed the prescribed course of ROTC instruction on 7 August 1981 and that she would attain a baccalaureate degree upon successful completion of her ROTC course. 6. The applicant’s military service records contain a copy of Headquarters, U.S. Army Third ROTC Region, Fort Riley, Kansas, letter, dated 26 January 1981, subject: Selection for Active Duty (AD). This document shows, in pertinent part, that the applicant's preference for entry on active duty for 3 years was approved and that she would be advised of a specific reporting date in May or June 1981. 7. The applicant’s military service records contain a DA Form 4255-R (Request for Initial Instructions for Active Duty), dated 10 February 1981. This document shows, in pertinent part, that the applicant's graduation date was 7 August 1981 and she indicated her desire to enter on active duty immediately after graduation, sometime between August 1981 and October 1981. 8. The applicant’s military service records contain a copy of Headquarters, U.S. Army Third ROTC Region, Fort Riley, Kansas, letter, dated 13 March 1981, subject: Active Duty Reporting Date. This document shows, in pertinent part, that the applicant was scheduled for active duty for the purpose of attending the Quartermaster Officer Basic Course, with a reporting date of 27 September 1981. 9. The applicant’s military service records contain a 3R Form Letter 29 (U.S. Third ROTC Region), Southern Arkansas University, Magnolia, Arkansas, letter, dated 12 May 1981, subject: Change to DA Form 4370-R and/or 3R Form 1 of ROTC Cadets. This document shows, in pertinent part, that the applicant's date of appointment was changed from 7 May 1981 to 17 December 1981 because of degree requirements and that she was rescheduled to attend the Officer Basic Course upon graduation in December 1981. 10. The applicant’s military service records contain a "Corrected Copy" of Headquarters, U.S. Army Third ROTC Region, Fort Riley, Kansas, letter, dated 8 June 1981, subject: Active Duty Reporting Date. This document shows, in pertinent part, that the applicant was scheduled for active duty for the purpose of attending the Quartermaster Officer Basic Course, with a reporting date of 4 January 1982. 11. The applicant’s military service records contain a copy of a DA Form 134 (Military Training Certificate - Reserve Officers' Training Corps), dated 18 December 1981, that shows she successfully completed 4 years of instruction in the Senior ROTC on 15 May 1981. 12. The applicant’s military service records contain a copy of Headquarters, U.S. Third ROTC Region, Senior Program, Southern Arkansas University, Magnolia, Arkansas, Orders 18-1, dated 21 December 1981. This documents shows that the applicant was honorably discharged from the USAR ROTC, effective 18 December 1981. 13. The applicant's military service records contain a DD Form 1966-Series (Record of Military Processing - Armed Forces of the United States), dated 6 January 1982, completed by the applicant and an Armed Forces representative to determine the applicant's eligibility for enlistment in the Armed Forces of the United States. Section III (Verification of Personal Data), Item 22 (Education) of this document shows that the applicant indicated that she attended Southern Arkansas University from June 1976 to the present; this item is absent an entry indicating she graduated or received a degree from the university. Section IV (Other Background Data), Item 32 (Have you ever been enrolled in an ROTC, Junior ROTC, or Sea Cadet Program, or have you been a member of the Civil Air Patrol?), shows that the applicant placed a checkmark and her initials in the "Yes" column. Section IV, Item 37 (Remarks) shows, in pertinent part, that the applicant was authorized advance promotion in accordance with Army Regulation 601-210, Chapter 2, Table 2-3, Rule E-5. 14. The applicant’s military service records contain a DD Form 4-Series (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 20 January 1982, which shows that she enlisted in the USAR on 20 January 1982 for a period of 6 years in pay grade E-1. Item 10 (Agreement), Block b (Remarks), in pertinent part, contains the entry "I understand my period of time in the DEP (Delayed Entry/enlistment Program) is creditable for pay purposes upon enlistment on active duty." This document also shows that on 20 January 1982, the applicant, Armed Forces Service representative, and enlistment officer certified the applicant's enlistment in the USAR by signing the document in Items 14b, 15b, and 16e, respectively. 15. The applicant's military service records contain a copy of Southern Arkansas University, Degree of Bachelor of Arts Certificate, Magnolia, Arkansas, issued to the applicant for completion of the prescribed course of study on 14 May 1982. 16. Section VIII (Recertification by Applicant and Correction of Data at the Time of Active Duty Entry), Item 44, of the DD Form 1966-Series shows, in pertinent part, that the applicant reviewed all information contained in the document on 26 May 1982, indicated that no changes were required, and she affixed her signature to the document, along with that of the individual who witnessed the document's recertification. In addition, the DD Form 4-Series shows, in pertinent part, that the applicant requested discharge from the DEP of the USAR and enlisted in the Regular Army (RA) for a period of 3 years, in pay grade E-3, effective 26 May 1982. At the time, the applicant had served 4 months and 6 days in the USAR DEP. This document also shows that on 26 May 1982, the applicant, Armed Forces Service representative, and enlistment officer certified the applicant's enlistment in the RA by signing the document in Items 17b, 18b, and 18e, respectively. 17. The applicant's military service records contain a copy of a letter authored by the applicant, dated 29 March 1983, and addressed to "The Center Manager (National Personnel Records Center, St. Louis, Missouri). This document states, in pertinent part, "I'm Sp/4 M_____ J. B_____, I went through the ROTC Program at SAU, Magnolia, AR before I graduated from SAU. I then decided to enlist in the USAR; now I've decided that I would like to get a commission." 18. The applicant's military service records contain a copy of Headquarters, Fort Carson and Headquarters, 4th Infantry Division (Mechanized), Fort Carson, Colorado, Orders 263-239, dated 28 November 1984. This document shows, in pertinent part, that the applicant was promoted to the rank of sergeant/pay grade E-5 (SGT/E-5), effective 1 December 1984, with a date of rank of 16 November 1984. 19. The applicant's military service records are absent any documentation relating to a recommendation for promotion to the rank of SSG/E-6 or evidence that she was promoted to the rank of SSG/E-6. 20. The applicant's military service records contain a copy of Headquarters, Fort Carson and Headquarters, 4th Infantry Division (Mechanized), Fort Carson, Colorado, Orders 041-404, dated 27 February 1985. This document shows, in pertinent part, that the applicant was reassigned to the U.S. Army Separation Transfer Point for separation processing. This document also shows, in pertinent part, that the applicant's rank was that of SGT (E-5). 21. The applicant's military service records contain a copy of a DD Form 214, with an effective date of 25 May 1985, that shows she was honorably REFRAD after completing 3 years of total active service. This document also shows that the applicant completed 4 months and 6 days of prior inactive service. Item 4a (Grade, Rate, or Rank) of this document contains the entry "SGT"; Item 4b (Pay Grade) contains the entry "E-5"; and Item 12h (Effective Date of Pay Grade) contains the entry "841201" (i.e., 1 December 1984). Item 19 (Mailing Address After Separation) of the DD Form 214 contains the entry "9## South Prospect Street, Colorado Springs, CO." The applicant authenticated the DD Form 214 with her signature in Item 21 (Signature of Member Being Separated). 22. In support of her application, the applicant provides a DA Form 873 that shows, in pertinent part, she was granted a Secret security clearance on 23 May 1979; a DA Form 134 that shows she successfully completed 4 years of instruction in the Senior ROTC on 15 May 1981; 2 pages of a DA Form 2-1 that document her civilian education, military schools, and promotions from 1981 though 1984 and, in pertinent part, shows that she was promoted to specialist four (SP4)/pay grade E-4 on 26 September 1982 and promoted to SGT/E-5 on 16 November 1984; a DA Form 2166-6 (Enlisted Evaluation Report), covering the period from December 1984 through February 1985, that shows, in pertinent part, the applicant held the rank of SGT (E-5) with a date of rank of 16 November 1984, and that she authenticated this document on 29 March 1985; a DD Form 214 that shows, in pertinent part, she was REFRAD on 25 May 1985 in the rank of SGT (E-5); and a DD Form 256A that shows she was discharged from the USAR on 25 May 1988 in the rank of SGT (E-5). The applicant also provides a copy of Headquarters, U.S. Total Army Personnel Agency (Provisional), St. Louis, Missouri, memorandum, undated, subject: Missing Documents, which shows the applicant was notified that her Promotion Consideration File, scheduled for review by the 1988 Individual Ready Reserve promotion board, had a significant number of documents missing. This document also instructs the applicant to return the letter with any available documents not later than 14 October 1988. 23. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), in effect at the time of the applicant's enlistment, shows, in pertinent part, that the DD Form 1966-Series is completed by Army recruiting officials on a person applying for enlistment in the RA or USAR and is used to determine eligibility for further processing after the DD Form 1966-Series is completed and signed. The instructions and required entry for Item 22 (Education) of this document show, in pertinent part, that the applicant will enter the name and location of all higher level educational institutions attended; record any degrees granted; and if still attending school, enter the word "Present" in the "To" column. The instructions for Item 37 (Remarks) state to use this item for continuation of other items, if necessary. 24. Army Regulation 601-210, Table 2-3 (Enlistment Pay Grades for Personnel Without Prior Service), Rule E-5, states that if the applicant has successfully completed an accredited, degree producing college program of 4 years duration (degree is required; 120 semester hours or 180 quarters hours), and enlists at anytime, the pay grade is E-3 with advancement to E-4 after 4 months of active military service and is recommended by the commander. 25. Army Regulation 601-210, Table 4-10 (Instructions for Completing the DD Form 4 Series - Armed Forces of the United States) shows, in pertinent part, that for Item 4 (Grade) to enter the grade/rate, title, and pay grade for which the person is enlisting or reenlisting (e.g., PFC/E-3). 26. Army Regulation 600-200 (Enlisted Personnel Management System), Chapter 7 (Promotions), in effect at the time, prescribes the policies and procedures governing promotion, reduction, and lateral appointment of all enlisted personnel on active duty, other than active duty for training. Paragraph 7-15 (Eligibility) states, in pertinent part, that to be eligible for promotion to grade E-6 in the secondary zone (i.e., below the primary zone), a Soldier must complete 60 months of active Federal service. 27. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. 28. Chapter 2 of Army Regulation 635-5 contains guidance and item-by-item instructions for completing the DD Form 214. It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record (PQR) or any other document authorized for filing in the Military Personnel Records Jacket (MPRJ) or Official Military Personnel File (OMPF). The instructions for Item 4a (Grade, Rate or Rank) and Item 4b (Pay Grade) are to enter the grade and pay grade at the time of separation. The instructions for Item 12h (Effective Date of Pay Grade) are to enter the effective date for the grade shown in Item 4b. The instructions for Item 12e (Total Prior Inactive Service) provide that, from previously issued DD Forms 214 and/or the PQR, enter the total amount of prior inactive service, less lost time, if any. DEP time that began on or after 1 Jan 85 is not creditable service for pay purposes and will not be entered in this block. The instructions for Item 19 (Mailing Address) indicate the address will be provided by the Soldier. DISCUSSION AND CONCLUSIONS: 1. The applicant contends, in effect, that the status of her application for appointment as a commissioned officer in the U.S. Army should be documented in her military service records. She also contends, in effect, that her prior service in the USAR; rank, pay grade, and effective date of pay grade; and mailing address after separation shown on her DD Form 214 should be corrected because she served in the USAR prior to her RA active duty service; was recommended for promotion to SSG (E-6) and promoted prior to her ETS; and the street number and street name on her discharge document are incorrect. 2. The evidence of record shows that the applicant enlisted in the USAR as a Cadet in the ROTC program on 17 January 1979. The evidence of record also shows that documents relating to the status of her Army Senior ROTC Student Contract, Application for Appointment, Request for Initial Assignment Instructions for Active Duty, Change in Date of Appointment, ROTC Military Training Certificate, and orders discharging her from the USAR Control Group ROTC, effective 18 December 1981, are filed in her military service records. The evidence of record further shows that the applicant was discharged from the USAR Control Group ROTC and enlisted in the USAR DEP prior to completion of her Bachelor of Arts degree on 14 May 1982. Thus, the applicant's application for appointment as a commissioned officer in the U.S. Army and her military status from 17 January 1979 through 18 December 1981, are properly documented in her military service records. Therefore, she is not entitled to correction of her records. 3. The evidence of record shows that the applicant enlisted in the USAR DEP on 20 January 1982 and was discharged from the USAR DEP on 25 May 1982. This period of inactive service in the USAR DEP equates to 4 months and 6 days. Item 12e (Total Prior Inactive Service) of the applicant's DD Form 214 shows that she completed 4 months and 6 days of prior inactive service. Thus, the applicant's prior service in the USAR DEP is properly documented on her DD Form 214. Therefore, she is not entitled to correction of her records. 4. The evidence of record shows that the applicant entered the RA on active duty on 26 May 1982 in the rank of PFC (E-3). The evidence of record also shows she was authorized this advance promotion upon entering active duty based upon having successfully completed an accredited, degree-producing college program of 4 years duration on 14 May 1982. Therefore, her military status and grade upon entry on active duty in the RA are properly documented in her military service records and she is not entitled to correction of her records. 5. The evidence of record shows that the applicant was promoted to the rank of SGT (E-5), with a date of rank of 16 November 1984. The evidence of record also shows that the applicant's military service records continually show her rank as SGT (E-5) from 16 November 1984 through the date she was REFRAD on 25 May 1985. The evidence of record further shows that throughout this period, the applicant consistently indicated and authenticated documents showing her rank was SGT (E-5) and her date of rank was 16 November 1984. Moreover, the evidence of record shows that promotion to the grade E-6 in the secondary zone required a Soldier to complete 60 months of active Federal service. The evidence of record shows that the applicant completed 3 years (or 36 months) of net active Federal service at the time of her ETS. Therefore, in view of the foregoing, the applicant's rank, pay grade, and effective date of pay grade are properly shown on her discharge document and she is not entitled to correction of her records. 6. The evidence of record shows that the information entered in Item 19 (Mailing Address After Separation) of the DD Form 214 is provided by the Soldier at the time of their separation processing. The evidence of record also shows that the applicant authenticated her DD Form 214 with her signature on the date she was REFRAD. In effect, this was her verification that the information contained on the discharge document, to include the information in Item 19 that was directly above her signature, was correct at the time the document was prepared and issued. Therefore, the applicant is not entitled to correction of Item 19 (Mailing Address After Separation) of her DD Form 214. 7. Records show the applicant should have discovered the alleged error or injustice now under consideration on 25 May 1985; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 24 May 1988. The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___HOF__ ___WFC ___DED_ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that 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. 2. As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law. Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned. __Hubert O. Fry____ CHAIRPERSON INDEX CASE ID AR20060009853 SUFFIX RECON YYYYMMDD DATE BOARDED 2007/02/13 TYPE OF DISCHARGE HD DATE OF DISCHARGE 19850525 DISCHARGE AUTHORITY AR 635-200, Chapter 4 DISCHARGE REASON Expiration of Term of Service BOARD DECISION DENY REVIEW AUTHORITY Mr. Chun ISSUES 1. 102.0000.0000 2. 129.0500.0000 3. 100.0000.0000 4. 5. 6.