BOARD DATE: 8 May 2018 DOCKET NUMBER: AR20160006782 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : X :X :X DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 8 May 2018 DOCKET NUMBER: AR20160006782 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 to block 12c (Net Active Service This Period) on his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 3 August 2005, to show he was credited with 9 years, 3 months and 17 days of active service. 2. The applicant states he would like a DD Form 215 (Correction to DD Form 214) to correct the number of active duty years he was credited with. He is requesting this change for Federal employment. He received a letter from Defense Finance and Accounting Services (DFAS) that stated the number of active duty years reflected on his DD Form 214 did not reflect active duty service while assigned in the U.S. Army Reserve (USAR). He is requesting the correction for leave and retirement purposes. 3. The applicant's provides an attached statement with his DD Form 149 (Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552), in which he states he provides a "VA 22202-3531"; however, that referenced document was not attached. The applicant further provides: * DD Forms 214, for the periods ending 4 August 1989, 7 June 2002, and 3 August 2005 * DFAS letter and DFAS-DE Form 0-641 (Statement of Military Pay Account), both dated 21 October 2005 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 enlisted in the Regular Army on 6 March 1986. He was released from active duty and transferred to the USAR on 4 August 1989. 3. The applicant was appointed as a Reserve commissioned officer of the Army on 21 March 2000. 4. The applicant entered a period of active duty for training (ADT) on 30 January 2002. He was released from ADT and returned to the USAR on 7 June 2002. 5. The applicant entered a period of active duty on 12 January 2003. 6. A DA Form 1506 (Statement of Service – For Completion of Length of Service for Pay Purposes), dated 29 June 2005 and contained within the applicant's record, shows he was credited with the following active federal service: a. 6 March 1986 through 4 August 1989 – 3 years, 4 months and 29 days as listed on his DD Form 214 for the period ending 4 August 1989; b. 12 January 2003 through 3 August 2005, 2 years, 6 months, and 22 days as listed on his DD Form 214 form the period ending 3 August 2005; c. He was credited with 1 year, 1 month, and 28 days of active service resulting from annual training (AT)/ADT. d. Adding each amount of service equals the 7 years, 1 month, and 19 days of total active Federal service listed on the DA Form 1506. 7. Orders D-06-590170, issued by U.S. Army Human Resources Command (HRC) on 29 June 2005, ordered the applicant's discharge with severance pay, effective 3 August 2005, with the following: * Active service: 7 years, 1 month, and 19 days * Basic pay: 19 years, 4 months and 28 days * Section 1405 service: 9 years, 3 months, and 17 days 8. The applicant was honorably discharge on 3 August 2005. His DD Form 214 shows in: a. Block 12c, the entry "0002 06 22," meaning he was credited with 2 years, 6 months, and 22 days of active service during the period of active duty covered by the DD Form 214. This period of active service was corroborated by the entries contained on his DA Form 1506. b. Block 12d (Total Prior Active Service), the entry "0004 06 27," meaning he was credited with 4 years, 6 months, and 27 days of prior active Federal service. This period of active service was corroborated by the entries contained on his DA Form 1506. c. Adding the credited years of service listed in blocks 12c and 12d on his DD Form 214 totals the 7 years, 1 month and 19 days of active service. This total service corresponds to the totals listed on his DA Form 1506 and his separation orders. 9. The applicant's record is void of evidence that shows he completed any additional periods of active duty service. 10. The applicant provides a DFAS letter, dated 21 October 2005, which shows DFAS notified him that he was not properly credited with all service from his active training periods while in the USAR. He was paid severance pay based on 7 years, 1 month, and 19 days when he was entitled to pay based on 9 years, 3 months, and 17 days (Section 1405 service). DFAS corrected the disparity and processed a payment action. REFERENCES: 1. Title 10, U.S. Code (USC), section 1405 (10 USC 1405), provides that for the purposes of the computation of a service member's years of service, under a provision of Title 10 providing for such computation to be made, the years of service of the member are computed by adding: a. his or her years of active service; b. the years of service, not included in clause (1), with which he or she was entitled to be credited on 31 May 1958, in computing his or her basic pay; and c. the years of service, not included in clause (1) or (2), with which he or she would be entitled to be credited under 10 USC 12733 if he or she were entitled to retired pay under 10 USC 12731. 2. Service computed under 10 USC 1405 includes all active service plus inactive duty service credit permitted under 10 USC 1405. This date is used as the basis for the retired pay multiplier. Service under 10 USC 1405 includes Inactive Duty Training (IDT) points creditable toward retired pay and membership points a Reserve Component member earned prior to being ordered to continuous active duty service. IDT and membership points may only be added to the service member's final active service total once the retiree has attained 20 years of active service. DISCUSSION: 1. The applicant requests correction to his DD Form 214 for the period ending 3 August 2005 to show 9 years, 3 months and 17 days of net active service. He contends DFAS notified him the number of active duty years reflected on his DD Form 214 did not reflect active duty service while assigned in the USAR. 2. The applicant was discharged with severance pay following a period of active duty service. It appears he was paid severance pay based on 7 years, 1 month and 19 days of active service, a figure corroborated by his DA Form 1506. DFAS notified him that his severance pay should have been based on 9 years, 3 months, and 17 days of service, a figure that includes his total 1405 service. His DFAS notification did not state the active duty years reflected on his DD Form 214 was incorrect, the notification stated he was not properly credited (for pay) with all service from his active training periods. 3. The applicant separation orders show he was credited with 9 years, 3 months, and 17 days of Section 1405 service. Service under 10 USC 1405 includes IDT points creditable toward retired pay and membership points a Reserve Component member earned prior to being ordered to continuous active duty service. In the applicant's case, 10 USC 1405 service was granted at the time of his discharge. While this inactive service is counted in the calculation of severance pay, it is not creditable as active duty, per se, and is not included in a period of active duty covered by a DD Form 214, since it occurred outside the period covered. 4. The applicant's record does not reveal any additional periods of active duty, other than those documented above and included in the total prior active service documented on his DD Form 214 for the period ending 3 August 2005. BOARD DATE: 8 May 2018 DOCKET NUMBER: AR20160006782 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. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160006782 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160006782 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2