ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 November 2019 DOCKET NUMBER: AR20170010421 APPLICANT REQUESTS: correction of his ARPC Form 249-E (Chronological Statement of Retirement Points), dated 4 June 2012, to show from 20 May 1995 to 19 May 1996, he served in a commissioned (COM) status instead of “other/unknown.” APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), with supporting documents statement * Request of Leave and Earnings Statements (LES’s) letter * 14 LES’s * two Personnel Qualification Records (PQR) * two officer evaluation reports (OER) * ARPC Form 249-E 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 (ABCMR) 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 he was a commissioned officer throughout his Army career. He was commissioned as a second lieutenant (2LT) in 1975. He entered active duty in July 1979 and was discharged in 1987. He was assigned to the 73rd Combat Support Hospital. There was no break in service between his active and reserve duty. In the past he was successful in reduction from 3 to 1 year listed as enlisted, but was unsuccessful otherwise. Multiple changes in his personal life situation, including a personal history of cancer and a caregiver role to his parents with dementia, limited his available time to continue his efforts. He realizes many people experience challenges in their lives, but he served honorably and requests the Board’s favorable consideration of his request. 3. The applicant provided his: * Request of LES’s letter, dated 30 August 2012, wherein the Defense Finance and Accounting Service provided him the LES’s/Data Prints they were able to retrieve, from 31 October 1987 through 31 December 1988, showing he received pay in the rank of major (MAJ) * two PQR’s, dated 10 and 25 July 1987, showing his assignment to the 73rd Combat Support Hospital on 1 July 1987, in the authorized rank of lieutenant colonel (LTC) * two OER’s for the periods from: * 1 July 1987 to 30 June 1988 showing his rank as MAJ with a date of rank (DOR) of 21 June 1985 * 1 July 1994 to 30 June 1995 showing his rank as LTC with a DOR of 15 December 1988 * ARPC Form 249-E, dated 4 June 2012 4. Review of the applicant’s service records show: a. He was appointed in the U.S. Army Reserve (USAR), Medical Corps, as a 2LT, on 22 August 1975. He entered on active duty on 21 June 1979. He was promoted to MAJ on 21 June 1985. b. He was honorably separated from active duty on 30 June 1987 and was transferred to a Reserve unit. His DD Form 214 shows he completed 8 years and 10 days of active service. c. He was promoted to LTC on 15 December 1988 and to Colonel (COL) on 24 June 1994, in the USAR. d. On 8 April 1999, he was issued a 20-Year Letter. d. Orders Number 01-282-003, issued by Headquarters, 89th Regional Support Command on 9 October 2001, announced his voluntary assignment to the Retired Reserve, effective the same day. e. An ARPC Form 249-E, dated 4 June 2012 shows his status as: * COM USAR from 22 August 1975 to 19 May 1995 * Other/Unknown from 20 May 1995 to 19 May 1996 * COM USAR from 20 May 1996 to 10 October 2001 * COM Retired ending on 11 October 2001 f. He reached age 60 on XX September 2012. g. Orders Number C09-797891, issued by the U.S. Army Human Resources Command on 19 September 2017, announcing his placement on the retired list on 10 September 2012, in the retired grade of COL. h. A DA Form 5016 (Chronological Statement of Retirement Points), dated 12 November 2019, shows his status as: * COM USAR from 22 August 1975 to 9 October 2001 * COM USAR from 20 May 1995 to 19 May 1996 * COM USAR from 20 May 1996 to 10 October 2001 * COM RET on 11 October 2001 5. The ABCMR limits corrective action to documents that can be individually reviewed after a Soldier's separation. The available DA Form 5016, successor to the ARPC Form 249-E, indicates his status, from 20 May 1995 to 19 May 1996, has been corrected. As such, there is normally no basis for correcting this document. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. Based upon the DA Form 5016, dated 12 November 2019, the Board concluded that the military status of the applicant was correctly annotated and already demonstrated a correction had been made. As a result, the Board found no error or injustice which would warrant making any further change to the applicant’s record. 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 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 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20170010421 4 1