ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  26 September 2019

	DOCKET NUMBER:  AR20170012672


APPLICANT REQUESTS:  his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect Regular Army.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DA Form 71 (Oath of Office)
* DA Form 5016 (Chronological Statement of Retirement Points)
* DD Form 214

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 Block 2 (Department, Component, and Branch) of his DD Form 214 incorrectly reads U.S. Army Reserve (USAR) and should read Regular Army (RA).  He was immediately placed on active duty after having his oath administered on 1 June 2002 and remained on active duty until 31 May 2007.  It was not a Reserve Component Mobilization and he was Regular Army the entire time.  He was injured in the line of duty (LOD) and would like the correction make for LOD purposes.

3.  The applicant provides:

   a.  A DA Form 71, dated 1 June 2002, executed at West Point, New York.  The box for Reserve Commissioned Officer is checked.

   b.  A DA Form 5016, dated 2 June 2017, indicated the applicant was Regular Army from 29 June 1998 to 30 May 2007.

4.  A review of the applicant’s service record shows:

	a.  He graduated the United States Military Academy on 1 June 2002.  

	b.  He was appointed as a Reserve commissioned officer, executed an oath of office, and entered active duty on the same day.

	c.  His Officer Record Brief, dated 23 June 2007, noted his component as USAR.

	d.  On 31 May 2007, he was honorably released from active duty.  His DD Form 214 shows he completed 5 years of active service time with 1 year, 5 months, and 22 days of foreign service.  It also shows in Block 2, Army, USAR, QM (Quartermaster).

5.  By regulation (AR 635-5), the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge.  The information entered thereon reflects the conditions as they existed at the time of separation.  In Component, compare ERB/ORB to contract and enter for officers and enlisted Soldiers RA, ARNGUS, or USAR; for USMA cadets, “ARMY-USMA-Cadet.”

6.  By regulation (AR 150-1), a cadet who completes the prescribed course of instruction (COI) may, upon graduation, be appointed by the President a second lieutenant in the Regular Army (10 USC 7453(b)). However, cadets may state a preference for appointment, upon graduation, as a commissioned officer in either the U.S. Navy, U.S. Air Force, or U.S. Marine Corps (10 USC 541(a)). Such appointment will be contingent upon the approval of both the Secretary of the Army and the Service Secretary of the gaining military department.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined relief was not warranted.  Based upon the documentary evidence provided by the applicant and found within the military service record, Board members noted that his oath of office was in the Reserve, not in the Regular Army.  His ORB also reflects USAR commission.  His DA Form 5016, however, shows he was in the RA from June 1998 to May 2007.  The preponderance of the evidence points to a Reserve commission.  Board members noted insufficient evidence to support changing his Component.  



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 635-5 (Separation Documents) states the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge.  The information entered thereon reflects the conditions as they existed at the time of separation.  In Component, compare ERB/ORB to contract and enter for officers and enlisted Soldiers RA, ARNGUS, or USAR; for USMA cadets, “ARMY-USMA-Cadet.”


3.  Army Regulation 150-1 (United States Military Academy – Organization, Administration, and Operation), currently in effect, states a cadet who completes the prescribed course of instruction (COI) may, upon graduation, be appointed by the President a second lieutenant in the Regular Army (10 USC 7453(b)). However, cadets may state a preference for appointment, upon graduation, as a commissioned officer in either the U.S. Navy, U.S. Air Force, or U.S. Marine Corps (10 USC 541(a)). Such appointment will be contingent upon the approval of both the Secretary of the Army and the Service Secretary of the gaining military department.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170012672


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