IN THE CASE OF: BOARD DATE: 18 October 2012 DOCKET NUMBER: AR20120005139 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 U.S. Army records to show she was released from the U.S. Army Reserve (USAR) in 1992 to accept an appointment as a Medical Corps officer in the U.S. Air Force (USAF). 2. The applicant states she was erroneously retained in the USAR from 1992 to 1999 while she was serving on active duty in the USAF. As a result, she was discharged from the USAR in 1999 and now cannot be reappointed in the USAR. 3. The applicant provides no additional evidence. 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 or about 19 September 1982 while serving as an enlisted Soldier in the USAR, the applicant was commissioned as an officer in the USAR. She accepted appointment in the Army National Guard (ARNG) on an unknown date. 3. Orders 131-27, Ohio Army National Guard (OHARNG), dated 8 July 1992, separated the applicant from the ARNG as a Medical Corps captain and transferred her to the USAR Control Group (Reinforcement) effective 29 April 1992 to accept an appointment with the USAF. 4. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 15 May 1992 to 31 July 1995 shows she was discharged from the USAF with an honorable character of service by reason of resignation. Her rank at the time of her discharge was major/pay grade O-4. 5. Orders D-02-906548, USAR Personnel Command, dated 8 February 1999, discharged the applicant from the USAR effective 8 February 1999. The additional instructions show all Reserve of the Army and Army of the United States appointments are terminated. 6. Her ARPC Form 249-E (Chronological Statement of Retirement Points), dated 2 April 2012, shows her as being in the USAR as a commissioned officer from 19 September 1982 to 8 February 1999. She was credited with only membership points from 19 September 1985 to 8 February 1999. 7. An advisory opinion was obtained from the Chief, Reserve Programs/Policies Branch, U.S. Army Human Resources Command (HRC), Fort Knox, Kentucky, who stated that a review of the applicant's records verified that she had been separated from the Army incorrectly. In 1992, the Ohio ARNG should have separated the applicant from the Army vice transferring her to the USAR Control Group (Individual Ready Reserve (IRR)). Per Army Regulation 140-10 (Assignments, Attachments, Details, and Transfers), paragraph 5-2, HRC recommends that the OHARNG publish orders amending the 8 July 1992 transfer order to discharge her from the USAR rather than transferring her to the IRR. HRC would then have to revoke its separation order published in 1999. 8. A copy of the advisory opinion was provided to her for comment. She did not respond. DISCUSSION AND CONCLUSIONS: 1. The available evidence clearly shows the applicant was discharged from the OHARNG in 1992 for the purpose of accepting an appointment in the USAF. Furthermore, the evidence of record shows the applicant served on active duty in the USAF from 1992 to 1995. 2. In view of the above, it would be appropriate to correct the applicant's records to show she was properly discharged from the USAR in 1992 to accept an appointment in the USAF. BOARD VOTE: ____X____ ____X____ ____X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records and Army National Guard records of the individual concerned be corrected by: a. amending Orders 131-27, Ohio ARNG, dated 8 July 1992, to show she was separated from both the Ohio ARNG and from the USAR; b. revoking Orders D-02-906548, USAR Personnel Command, dated 8 February 1999; and c. amending her ARPC Form 249-E to reflect these changes. ____________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) AR20120005139 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120005139 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1