IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20160017298 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: 22 August 2018 DOCKET NUMBER: AR20160017298 BOARD DETERMINATION/RECOMMENDATION: 6The 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: 22 August 2018 DOCKET NUMBER: AR20160017298 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 his DD Form 214 (Report of Separation from Active Duty) to show all his active duty service and his rank as sergeant (SGT)/ E-5. 2. The applicant states his DD Form 214 contains clerical errors because it is missing 3 months of active duty service. 3. The applicant provides – * DA Form 249 (Chronological Statement of Retirement Points) * 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. On 16 March 1975, the applicant enlisted in the U.S. Army Reserve (USAR) for 6 years with 3 years in the active Reserve and 3 years in the Standby Reserve. He had no prior service. 3. On 28 November 1975, he entered active duty for training to attend his initial entry training as a member of the USAR. 4. On 3 April 1976, he was released from active duty training and transferred to the USAR. He was issued a DD Form 214 showing he completed 4 months and 6 days of active service this period with no prior active service. He did have 8 months and 12 days of prior inactive service. His rank is shown as private (PV2)/ E-2. 5. On 15 June 1978, Headquarters (HQ), Fifth U.S. Army issued Orders 116-159 reassigning the applicant from a troop program unit to the USAR Control Group (Annual Training). The effective date of the order was 4 March 1978. 6. On 26 March 1981, HQ, Fifth U.S. Army issued Orders 59-191 discharging the applicant from the USAR effective 14 March 1981. 7. On 15 March 1981, he reenlisted in the USAR for 6 years. 8. On 20 July 1983, the applicant was transferred by orders from a troop program unit to the USAR Control Group (Reinforcement) per his request. The order issuance date was 9 August 1983. 9. On 7 December 1983, he was transferred from the USAR Control Group (Reinforcement) to a troop program unit. Orders C-01-900277 issued by the USAR Personnel Center on 12 January 1984 effected his change in status. 10. Effective 9 April 1984, he again was transferred from his troop program unit to the USAR Control Group (Reinforcement) based on his personal request. Orders 122-05 issued by HQ, 416th Engineer Command on 22 February 1984 effected his change in status. 11. On 10 December 1984, he was promoted to SGT/E-5 while a member of the USAR Control Group (Individual Mobilization Augmentee). Order B-12-009305 issued by USAR Components Personnel and Administrative Center on 10 December 1984 effectively promoted him the same day. 12. His record contains a DD Form 220 (Active Duty Report) showing he entered active duty on 13 June 1985 from the USAR Control Group to attend a school at Fort Eustis, VA. His active duty tour was terminated on 19 August 1985, a period of 68 days. This form was signed by a company commander's representative. 13. On 1 December 1985, the applicant was transferred from the USAR Control Group to a troop program unit. Orders C-11-0050102 dated 10 November 1985 issued by the USAR Personnel Center effected this change in status. 14. On 6 March 1986, the applicant was transferred from a troop program unit to the USAR Control Group (Reinforcement). Orders 21-6 dated 11 March 1986 issued by HQ, 300th Military Police Command effected his change in status. This order shows his rank as SGT. 15. On 26 May 1986, he again was transferred to a troop program unit based on his voluntary request from the USAR Control Group (Annual Training). Orders C- 05-19041 effected his change in status. 16. On 7 February 1987, while a member of a troop program unit, the applicant reenlisted in the USAR for 3 years. The DD Form 4/1 filed in his record shows his rank was SGT. 17. On 20 July 1988 he enlisted in the Army National Guard of the State of California (CAARNG). On 12 January 1989, he was discharged from the CAARNG because he failed to meet medical procurement standards. His rank upon discharge was SGT/E-5. 18. In support of his application, the applicant provided his DA Form 249 showing he received 15 membership points for each full retirement year in addition to the following information: Beginning Ending Inactive Active Duty Qualifying for Total Points Date Date Duty Points Points Retirement Creditable 86 03 16 86 05 26 00 00 00 0003 85 03 16 86 03 15 110 01 00 00 0125 84 03 16 85 03 15 105 01 00 00 0120 83 03 16 84 03 15 1 00 00 00 0016 82 03 16 83 03 15 00 00 00 0015 75 03 16 76 03 15 14 181 01 00 00 0210 REFERENCES: 1. Army Regulation 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures), in effect at the time, defined the USAR and ARNG service obligations and prescribed policies and procedures for participation requirements. Satisfactory participation required attendance at all regularly scheduled drills unless excused, attending and satisfactorily completing annual training or other directed active duty training. 2. Army Regulation 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records) prescribes the type of training and activities for which retirement points are authorized and procedures for recording retirement points. Basic strength accounting starts at the unit with the completion of DA Form 1379 (USAR Components Unit Record of Reserve Training). From there a Soldier’s retirement point card was credited with the appropriate points (active or inactive). On or about 1981, the retirement point card transitioned to the automated Chronological Statement of Retirement Points with automatic input from the Soldier's military pay record. Soldiers on active duty, active duty for training, involuntary active duty or annual training are awarded one point for each calendar day they serve in one of these categories and may not be awarded additional points for other activities while in such status. 3. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. This regulation stated, in pertinent part, that a DD Form 214 would be issued at the time of separation to all personnel, to include USAR, after completing 90 days or more of continuous active duty for training, full-time training duty, or active duty support. The DD Form 214 lists all pertinent service information such as rank, date of rank, awards, special education and nature of service (honorable, bad conduct, dishonorable) as of the date of separation or discharge. DISCUSSION: 1. The applicant contends his 1976 DD Form 214 should contain additional periods of active duty service. He offers as evidence his USAR Chronological Statement of Retirement Points showing his retirement year ending on 15 March 1985 had 105 active duty points and 110 active duty points for the next retirement year ending on 15 March 1986. His record did contain an Active Duty Report showing he attended school for 68 days from June to August 1985. However, there was no evidence within his record to support his contention he served for 90 consecutive active duty days that would warrant its addition to a 1976 DD Form 214. 2. He attained the rank of SGT in 1984, as a member of the USAR, which is after his 1976 DD Form 214 was issued. A DD Form 214 is a brief synopsis of a Soldier's period of active service on their date of discharge. In 1976, the applicant was a PV2/E-2, which is correctly shown on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160017298 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160017298 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2