ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 3 April 2019 DOCKET NUMBER: AR20160017629 APPLICANT REQUESTS: a. correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all of her active duty dates, and b. correction of her record to add: * a document to show she enlisted in the U.S. Army Reserve (USAR) * a document that shows she has educational benefits regarding her Student Loan Repayment Program (SLRP) * points added to her Chronological Retirement Points Summary to show her active duty for special work (ADSW) work in St. Louis, between March and November 2003 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states: a. She received a corrected honorable discharge and needs to have the months missed added to her DD Form 214. b. Her records, from the time she left active duty on 16 September 2000, until she was deployed to Iraq on 3 December 2003, are completely blank. There is no record that she joined the USAR. c. Her record does not show that she has educational benefits regarding her loan repayment. d. Her record does not contain a point summary showing the ADSW work she completed in St. Louis, MO between March and November 2003, while she was working at the Personnel Command and the National image Mapping Agency. 3. The applicant has not exhausted all her administrative remedies to add additional points to her Chronological Statement of Points Summary due to her ADSW. She will need to contact the HRC and provide them with supporting documentation for his correction. Therefore, this portion of her request will not be discussed further in this case. 4. Her DD Form 1966, item 31 (Specific Option/Program Enlisted For, Military Skill, or Assignment to a Geographical Area Guarantees), dated 27 March 1996, shows in accordance with Army Regulation 601-210, she elected: * Option 9A (U.S. Army Training Enlisted Program) * Option 9C (U.S. Army Incentive Enlistment Option) 5. Her DD Form 4 (Enlistment/Reenlistment Document) shows she enlisted in the USAR on 19 April 1996 and elected to participate in the Delayed entry Program (DEP). She was discharged from the DEP and enlisted in the regular Army on 16 September 1996. She enlisted in the USAR for a period of 8 years, with a 4-year obligation to serve in the Regular Army. 6. Her DA Form 3286-67 (Statement of Understanding), dated 19 April 1996 – Paragraph 5, "I have enlisted for the following Educational Incentive …" to which she answered "No" to the Loan Repayment Program (LRP). 7. Her DA Form 3286-59 (Statement for Enlistment U.S. Army Enlistment Program), dated 7 May 1996, shows she elected: * Option 9A; and * Option 9B (sic) (U.S. Army Incentive Enlistment Option) 8. Her record is void of an SLRP Addendum or a DA Form 3286-66 to show she was authorized and approved for an SLRP. 9. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), Chapter 9-4, contains specific guidance pertaining to the LRP, and indicates that the Government will repay a designated portion of any loan incurred that was "made, insured, or guaranteed under Part B of the Higher Education Act of 1965 (Guaranteed Student Loan) or any loan under Part E of such act (National Direct Student Loan) after 1 October 1975 and before enlistment into the RA." a. The regulation further states that Guidance Counselors are specifically required to confirm they accomplished all the processing procedures by making the appropriate entries on a Record of Military Processing - Armed Forces of the United States (DD Form 1966) and DA Form 3286-66. b. This includes a statement advising members of any loan he or she has that is not eligible for repayment and ensuring the applicant’s acknowledgement of this fact is also recorded in the Remarks Section of the DD Form 1966 10. On 14 September 2000, she was honorably released from active duty, and transferred to the USAR Control Group (Reinforcements). Her DD Form 214 shows she completed 4 years of active duty service. 11. Orders C06-117003, dated 19 June 2001, show she was released from the USAR Control Group (Reinforcement), and assigned to a USAR unit in St. Louis, MO, effective 18 June 2001, with an expiration term of service of 18 April 2004. 12. A DA Form 1059 (Service School Academic Evaluation Report), shows she attended the following courses: * 16 March 2003 through 29 March 2003, for a period of 14 days * 30 March 2003 through 11 April 2003, for a period of 12 days 13. Orders A-05-391995, show she was ordered to active duty to the National Imagery and Mapping Agency for the period 19 May 2003 through 26 September 2003, a period of 131 days. 14. Orders A-05-391995A01, amended her previous orders to shows her end date of 26 September 2003 (included accumulated leave). As such, she was ordered to active duty on 19 May 2003 and was released from active duty on 27 June 2003, a period of 40 days, which included accumulated leave. 15. Army Regulation 635-5 (Separation Documents) states a DD Form 214 will be prepared for each Soldier as indicated: RC Soldiers completing 90 days or more of continuous ADT, Full-Time National Guard Duty (FTNGD), ADSW, temporary tours of active duty (TTAD), or Active Guard Reserve (AGR) service. 16. A DD Form 214 for the period 7 December 2003 through 12 October 2005 shows she was ordered to active duty in support of Operation Iraqi Freedom and that she completed 1 year, 10 month, and 6 days of active duty service. 17. Orders 06-048-00014 show she was honorably discharged from the USAR, effective 18 February 2006. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. The Board found that there to be a lack of documentary evidence either provided with the application or found within the military service record to support the requested relief; therefore, the Board recommended denying the application. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents), states, the DD Form 214 is a summary of a soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The DD Form 214 is not intended to have any legal effect on termination of a Soldier’s service. A DD Form 214 will be prepared for each Soldier as indicated: RC Soldiers completing 90 days or more of continuous ADT, Full-Time National Guard Duty (FTNGD), ADSW, temporary tours of active duty (TTAD), or Active Guard Reserve (AGR) service. 3. Army Regulation 601-210 prescribes eligibility criteria governing the enlistment of persons, with or without prior service, into the RA and the US Army Reserve. Chapter 9 (Enlistment Programs/Options) indicates that these programs/options are designed to merge valid Army Requirements with personal desires. a. Table 9-4 contains guidance on enlistment option program 9C (Bonus/Army College Fund/Loan Repayment Program). It contains specific guidance pertaining to the LRP. It indicates that the Government will repay a designated portion of any loan incurred, that was "made, insured, or guaranteed under Part B of the Higher Education Act of 1965 (Guaranteed Student Loan), or any loan under Part E of such act (National Direct Student Loan) after 1 October 1975 and before enlistment into the RA." b. The regulation further states that Guidance Counselors are specifically required to confirm they accomplished all the processing procedures by making the appropriate entries on a Record of Military Processing - Armed Forces of the United States (DD Form 1966) and DA Form 3286-66. This includes a statement advising members of any loan he or she has that is not eligible for repayment and ensuring the applicant’s acknowledgement of this fact is also recorded in the Remarks Section of the DD Form 1966. ABCMR Record of Proceedings (cont) AR20160017629 0 4 1