IN THE CASE OF: BOARD DATE: 14 November 2017 DOCKET NUMBER: AR20160000911 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 14 November 2017 DOCKET NUMBER: AR20160000911 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 14 November 2017 DOCKET NUMBER: AR20160000911 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, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 13 August 1980, to reflect her subsequent service. 2. The applicant states she was released temporarily due to pregnancy on 12 February 1980 and then she resumed her military duties. 3. The applicant provides copies of: * DD Form 214 * U. S. Army Reserve (USAR) Components Personnel and Administrative Center Orders 06-114987, dated 23 June 1981 * USAR Personnel Command Orders D-06-036124, dated 27 June 2000 * Honorable Discharge Certificate, from the USAR, dated 27 June 2000 * FD Form 118 (Basic Combat Training Trainee Initial Interview/Counseling Form) * Pregnancy Counseling Checklist, dated 1 November 1978 * DD Form 2586 Verification of Military Experience and Training * Letter from the Department of Veterans Affairs (VA), dated 9 September 2015 COUNSEL'S REQUEST, STATEMENT, AND EVIDENCE: Although not designated as counsel, a Military and Veterans Affairs Caseworker for the applicant's Congressional Representative states the applicant contacted their office because she believes there are inaccuracies on her DD Form 214. The applicant would like to have the inaccuracies corrected so that she may be eligible to apply for benefits. The applicant said she served in the Army Reserve and Army National Guard (ARNG) most of the time between 1978 and 2000. She has provided military records reflecting dates between these years, but her DD Form 214 only lists service during the calendar year 1980. She is requesting a corrected DD Form 214. 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's DD Form 214 shows she entered the Regular Army (RA) on 12 February 1980 and she was honorably released and returned to the USAR Control Group (Reinforcement) on 13 August 1980. This period of service equals 6 months and 2 days. This DD Form 214 also shows she completed 3 months and 23 days of prior inactive service. 3. USAR Components Personnel and Administrative Center Orders 06-114987, show the applicant was relieved from the USAR Control Group-Reinforcement (meaning she was available if called voluntarily or involuntarily) and assigned to the USAR Control Group-Annual Training, effective 14 August 1980. The reason is shown as “subject to mandatory training requirements.” 4. A DA Form 5016 (Chronological Statement of Retirement Points) shows she: a. served in the USAR Delayed Entry Program from 20 October 1979 to 11 February 1980; b. served in the RA from 12 February through 13 August 1980, a period of 6 months and 2 days; and c. served in the USAR in an inactive status from 14 August 1980 through 19 October 1995. There is a gap in service between 20 October 1995 and 19 October 1999 and she was in the USAR in an inactive status from 20 October 1999 through 27 June 2000 until she was honorably discharged. 5. Additionally, the applicant’s DA Form 5016 shows only 11 qualifying years of service for non-regular retirement and no ARNG service. REFERENCES: Army Regulation 635-5 (Separation Processing and Documents), then in effect, states the DD Form 214 is a summary of the Soldier’s most recent period of continuous active service. It provides a brief, clear-cut record of all current active, prior active, and prior inactive service at the time of release from active duty, retirement, or discharge from active duty. DISCUSSION: 1. The applicant contends her DD Form 214 contains some inaccuracies relating to her service. 2. The applicant’s DD Form 214 shows she served in an active duty status from 12 February through 13 August 1980, which is a period of 6 months and 2 days. At that time she had also completed 3 months and 2 days of prior inactive service. There is no evidence to support that she served in an active duty status at any other time. 3. The applicant was issued a Chronological Statement of Retirement Points that shows she completed 11 years of qualifying USAR service toward a non regular retirement between 1979 and 2000. 4. The available evidence shows no inaccuracies involving the service listed on her DD Form 214 ending on 13 August 1980. 5. There is also no evidence available that shows she completed any ARNG service. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000911 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000911 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2