ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  14 June 2019

	DOCKET NUMBER:  AR20170001415


APPLICANT REQUESTS: 

* her Veteran Affairs (VA) eligibility be recalculated
* her service credit be corrected to reflect the following service dates that were missing when she requested a VA loan letter:

o 21 May 1992 – 30 September 1992 Active Duty (AD)
o 1 October 1992 – 21 May 1996 United States Army Reserve (USAR)
o 22 May 1996 – 4 April 2000 California Army National Guard (CAARNG)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* NGB Form 22 (National Guard Bureau Report of Separation and Record of Service) 
* DD Form 214 (Certificate of Release or Discharge from Active Duty) 

FACTS:

1.  The applicant states her service record is missing service dates.  She discovered her records had missing data when she requested her VA loan letter.  

2.  The applicant provides the following documents to show proof of service dates:

* DD Form 214 which shows her active duty service from 21 May 1992 –                       30 September 1992
* NGB Form 22 which shows she has:

o 1 year, 3 months and 24 days of service credit for CAARNG 
o 3 years, 9 months and 10 days prior reserve component service
o 5 years, 5 months and 14 days of total service for pay



3.  A review of the applicant’s records show: 

* 21 May 1992 – enlisted in the USAR and was order to active duty status
* 30 September 1992 – released from active duty status
* 21 May 1996 – discharged from USAR
* 22 May 1996 – enlisted in the CAARNG 
* 15 September 1997 – discharged from CAARNG Under Honorable Conditions (General) under the authority and reason of Sec 260 Calif M/VC & Para B-27f NGR 600-200; unsatisfactory participant and transferred to USAR Control Group (Annual Training) 
* 4 April 2000 – honorably discharged from USAR

4.  Title 37 United States Code section 205 (Computation creditable service) states that subject to subsections (b) and (c), for the purpose of computing the basic pay of a member of a uniformed service, years of service are computed by adding all periods during which a service member enlisted or held an appointment as an officer of the Army or Army Reserve.

5.  Army Regulation 635-5 (Personnel Separations) paragraph (12) (Record of Service) states that the “active service this period” is computed by subtracting item 12a. and 12b.  The “total prior active service” is drafted from previously issued DD 214’s (if any).  The “total prior inactive service” is reflective of any prior inactive service. 

6.  The VA provides benefits for separated personnel, their dependents and survivors.  The VA sets forth the eligibility requirements for these benefits in accordance with                  Title 38 USC and their rules and regulations.  The ABCMR does not have jurisdiction over these requirements.  

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents, evidence in the records and published DoD guidance for consideration of discharge upgrade requests.  The Board discussed the applicant’s service records and the documents that record that service.  The Board determined that as a matter of equity, her DD Form 214 for a period of ADT shows that she was awarded an MOS and that service should be characterized as Honorable.  All other service is appropriately recorded on other documents (NGB Form 22 or DA Form 5016) in her record.

2.  After reviewing the application and all supporting documents, the Board found that partial relief was warranted.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:X	:X	:X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 for the period of service ending 30 September 1992 to show in item 24 - character of service as Honorable.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to and relief in addition to that above.
 


	 
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.


ADMINISTRATIVE NOTE(S):

Not Applicable



REFERENCES:

1.  Title 37 United States Code section 205 (Computation creditable service) states that subject to subsections (b) and (c), for the purpose of computing the basic pay of a member of a uniformed service, her years of service are computed by adding all periods during which she was enlisted or held an appointment as an officer of the Army or Army Reserve.

2.  Army Regulation 635-5 (Personnel Separations) paragraph (12) (Record of Service) states that the “active service this period” is computed by subtracting item 12a. and 12b.  The “total prior active service” is drafted from previously issued DD 214’s (if any).  The “total prior inactive service” is reflective of any prior inactive service. 

3.  The VA provides benefits for separated personnel, their dependents and survivors.  The VA sets forth the eligibility requirements for these benefits in accordance with Title 38 USC and their rules and regulations.  The ABCMR does not have jurisdiction over these requirements.  




ABCMR Record of Proceedings (cont)	 AR20170001415
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