ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 October 2019 DOCKET NUMBER: AR20170013451 APPLICANT REQUESTS: the following corrections of her military record: a. correction to item 11 (Primary Specialty) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 8 February 1995 to show the entry, "91B1O MEDICAL SPECIALIST 07 YEARS 03 MONTHS" instead of "91B1O MEDICAL SPECIALIST 00 YEARS 00 MONTHS," and b. correct her U.S. Army Reserve (USAR) records to show she received points for participation credit while serving as a member of the USAR. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders 110-6, issued by the Department of Defense, Military Entrance Processing Station, dated 9 June 1994 * Orders 251-00272, issued by Headquarters, Fifth U.S. Army and Fort Sam Houston, TX., dated 8 September 1994 * Academy of Health Sciences, U.S. Army Diploma Medical Specialist Course 300-91B1O, for the period 15 August 1994 to 25 October 1994 * DA Form 348 (Equipment Operator’s Qualification Record), dated 8 November 1994 * Memorandum from the Transportation Motor Pool to the Applicant, dated 6 April 1994 * Occupational Health Branch Examination Results, dated 9 December 1994 * Medical Consultation Sheet, dated 9 December 1994 * Statement of Counseling, dated 12 January 1995, * Orders 33-5, issued by the Fitzsimons Army Medical Center, dated 2 February 1995 * DA Form 2-1 (Enlisted Qualification Record) * Orders 313-362, issued by Headquarter, U.S. Army 90th Regional Support Command, , U.S. Army Reserve Command, date 9 November 1998 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, in effect, that: a. Item 11 of her DD Form 214 should list her MOS as 91B1O, 7 years and 3 months. Although she went from active duty to the Individual Ready Reserve (IRR), she was still required to maintain her training as a medical specialist as well as complete her annual physicals. If she were to be activated, she would have been expected to perform the duties as a medical specialist; therefore, she should get credit for the length of her MOS for a period of 7 years and 3 months. b. She does not have any points or percentages listed on her military records for her service in the USAR. c. Her records do not state that she requested to be released from active duty due to a pregnancy that was the result of a rape that took place in the barracks during a power outage at the Army Fitzsimons Medical Center barracks. 3. A review of her record shows prior to her enlistment into the Regular Army (RA), she received her Bachelor of Science Degree in Biology from Grambling State University, Louisiana on 18 December 1992. 4. On 9 June 1994, she enlisted in the RA. 5. The applicant provided Orders 110-6, dated 9 June 1994, which show she reported to basic training at the 120th Adjutant General Battalion, in Fort Jackson, SC. 6. A DA Form 2-1, item 35 (Record of Assignments) shows she entered basic training in MOS 91B00 and was assigned to Company C, 2nd Battalion, 39th Infantry Regiment, 4th Training Brigade, Fort Jackson, SC, from 17 June 1994 to 14 August 1994. 7. She provides the following documents: a. A U. S. Army Diploma that shows she successfully completed the Medical Specialist Course on 25 October 1994. b. Orders 251-00272, dated 8 September 1994, which shows she received permanent change of station orders and was assigned to the Fitzsimons Army Medical Command, with a reporting date of 7 November 1994. c. A counseling statement, dated 12 January 1995, in which she acknowledged her entitlements and responsibilities in requesting an election for discharge due to pregnancy. 8. A review of her military record shows: a. She attended advance individual training (AIT) in MOS 91B00 from 15 August 1994 to 24 October 1994, and received a U.S. Army Diploma for successful completion of the Medical Specialist Course on 25 October 1994. b. She was assigned to Company B, Fitzsimons Army Medical Command, Aurora, CO from 26 October 1994 to the date of her discharge on 8 February 1995, a period of 2 months, and 13 days. 9. She provides Orders 33-5, dated 2 February 1995 that shows she was reassigned to the U.S. Army Transition Center, Fitzsimons Army Medical Center, Aurora, CO, with a reporting date to the transition center of 8 February 1995 to be released from active duty on the same date, then was transferred to the USAR (Control Group-Individual Ready Reserve) with a terminal date of Reserve obligation of 18 March 2002. 10. On 8 February 1995, she was honorably released from active duty. Her DD Form 214 shows the following information: * item 6 (Reserve Obligation Termination Date) – “02 03 18” * item 11 – “91B1O MEDICAL SPECIALIST 00 YEARS 00 MONTHS” * item 12c (Net Active Service This Period)- “ 00 08 00” * item 14 (Military Education) – “MEDICAL SPECIALIST COURSE 10 WEEKS (NOV 94)” * item 25 (Separation Authority) – “AR 635-200, CHAP 8” * item 27 (Narrative Reason for Separation) – “PREGNANCY” 11. Army Regulation 635-5 (Separation Documents), dated 2 October 1989, states in table 2-1, for item 11, to enter the primary MOS or area of concentration (AOC), and all additional MOS/AOC served for a period of one year or more, during soldier's continuous active military service. At the time of her release from active duty, the applicant’s MOS was 91B1O, in which she completed 2 months and 13 days in her MOS 91B1O. 12. She provides Orders 313-362, dated 9 November 1998, which shows she was relieved from her unit of assignment and assigned to the USAR Control Group (Annual Training), with an effective date of 9 November 1998. 13. Orders D-12-250575, dated 31 December 2002, shows she was honorably discharged from the USAR Control Group (Reinforcements). 14. A DA Form 5016 (Chronological Statement of Retirement Points) reflects that she received the following participation points as a member of the U.S. Army Reserve (USAR): * 15 points each year from 9 February 1995 to 8 February 1998 * 5 points for the period of 19 October 1998 to 8 February 1990 * 15 points each year from 9 February 1990 to 8 February 2002 * 13 points for the period of 9 February 2002 to 31 December 2002 15. A letter from the U.S. Army Criminal Investigation Command, dated 6 December 2018 states, “A search of the Army criminal file indexes...revealed no records pertaining to [the applicant].” BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, her record and length of active duty service and reason for her separation (pregnancy), her transfer to the USAR (IRR) and her discharge from the USAR. The Board found the applicant completed Medical Specialist training and was assigned to a medical center where she served an additional 2 months 14 days as a 91B10 (less than the 1 year required for annotation of her MOS on the DD Form 214). The Board found evidence of the applicant’s service in the USAR as documented on a DA Form 5016. Based on a preponderance of evidence, the Board determined that the entries on the applicant’s DD Form 214 was not in error or unjust and agrees Administrative Note(s) below to provide the applicant with a copy of her DA Form 5016 for her USAR service. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. 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: With the exception of the action in the Administrative Note(s) that follow, 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. ADMINISTRATIVE NOTE(S): Provide the applicant a copy of her DA Form 5018, that shows her all her participation points as a member of the USAR. 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, states, this regulation prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparing and distributing DD Form 214. In table 2-1, it states for item 11, enter the primary MOS or area of concentration (AOC), and all additional MOS/AOC served for a period of one year or more, during soldier's continuous active military service. For each MOS/AOC, list the title with the years and months served.