ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 23 September 2019 DOCKET NUMBER: AR20190000115 APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 21 June 1991 to show her active duty service from 29 March 1990 to 21 June 1991. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders 043-027, issued by Headquarters, 81st U.S. Army Reserve Command (USARC), dated 9 November 1989 * Orders 112-010, Amended Orders, issued by Headquarters, 81st USARC, dated 8 March 1990 * Orders 231-018, Amended Orders, issued by Headquarters, 81st USARC, dated 21 August 1990 * Orders 003-034, issued by Headquarters, 81st USARC, dated 24 September 1990 * Orders 50-45, issued by Headquarters, Defense Language Institute (DLI), Presidio of Monterey, CA, dated 14 March 1991 * Orders 51-24, issued by Headquarters, DLI, Presidio of Monterey, CA, dated 15 March 1991 * Orders 54-25, Amended Orders, issued by Headquarters, DLI, Presidio of Monterey, CA, dated 20 March 1991 * Orders 078-056, issued by Headquarters, 12[0]th USARC, dated 20 March 1991 * Orders 57-28, issued by Headquarters, DLI, Presidio of Monterey, CA, dated 25 March 1991 * DL), Foreign Language Center, Registrar’s Office, Official Transcript, for the period 5 April 1990 to 28 March 1991 * Orders 080-11, issued by Personnel Reserve Center, 344th Military Intelligence (MI) Battalion, dated 30 April 1991 * Orders 106-16, issued by Personnel Reserve Center, 344th MI Battalion, 112th MI Brigade (Training), dated 10 June 1991 * Military Intelligence Corps Certificate, dated 20 June 1991 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. Her DD Form 214 for the period ending on 21 June 1991 omits 47-weeks of concurrent active duty training (ADT), as stated in item 14 (Military Education). b. Her transcripts from the DLI, Basic Russian Course, and her assignment order support her active duty time. c. Her Basic Russian Course was 47-weeks from 29 March 1990 through 25 March 1991 and the Voice Interceptor Course was 11-weeks from 25 March 1991 through 21 June 1991. d. She is now a U.S. Air Force civilian and an audit of her service computation date (SCD) revealed the error, which resulted in a loss of 47-weeks of active duty credit. Correcting her DD Form 214 will reinstated her SCD for retirement and leave accrual of active duty time served. 3. A DD Form 4 (Enlistment/Reenlistment Document Armed Forces for the United States) shows she enlisted in the USAR on 22 August 1986. 4. Her DD Form 214 for the period ending on 9 July 1987 shows she completed 4 months of ADT and was honorably released from active duty and transferred back to her unit. 5. Orders 043-027, Orders 112-010, and Orders 231-018, issued by Headquarters, 81st USARC show she was ordered to ADT for a period of 182 days, to include travel time, for the purpose of attending language courses 001 and 041, with a start date of 2 April 1990. (Note: 182 days would have taken her to 1 October 1990, the end of the fiscal year, where new orders would have been created for the course completion of the 47-week Russian Language Course and the 11 week Voice Interceptor Course. However, these following-on orders were not found in the applicant’s record). 6. The applicant provides the following information: a. A DLI Official Transcript, which shows she attended and passed a 47-week course in Basic Russian from 5 April 1990 to 28 March 1991. b. Orders 080-11, dated 30 April 1991, show she was awarded the military occupational specialty (MOS) 98G (Voice Interceptor.) c. A Military Intelligence Corps Certificate, dated 20 June 1991, shows she is a member of the Military Intelligence Corps. 7. A review of her record shows: a. A Linguistic Certification Certificate, dated 28 March 1991, which granted her the certification of “Novice Linguist” in the Russian Language. b. A Certificate of Training from the U.S. Air Force, which shows she successfully completed the “Electronic Warfare [EW]/Signal Intell (sic) [SIGINT] Voice Interceptor (Russian) Course”, dated 20 June 1991. c. A DA Form 2-1 (Personnel Qualification Record) shows: * item 17 (Civilian Education and Military Schools) that she completed a 47- week Basic Russian Course at the DLI and an 11-week EW/SIGINT Voice Interceptor Course * item 35 (Record of Assignments) – she was a student, assigned to Company D, DLI, Foreign Language Command from 3 April 1990 to 26 March 1991 and from 5 April 1991 to 19 June 1991 8. Orders 106-16, dated 10 June 1991 show she was released from her attachment at the U.S. Army Transition Point in Fort Hood, TX and assigned to the 344th MI Battalion, 112th MI Brigade (Training), with a reporting date of 21 June 1991. 9. On 21 June 1991, she was honorably released from ADT and transferred to the 337th MI Battalion, upon the completion of her MOS. Her DD Form 214 shows: * item 11 (Primary Specialty) – “98G1L Voice Interceptor//71L1O Administrative Specialist” * item 12a (Date Entered Active Duty This Period) – “91 03 29” * item 12b (Separation Date This Period – “91 06 21” * item 12c (Net Active Service This Period) – “00 02 23” * item 14 – “Basic Russian Language Course, 47 Weeks, 91//Voice Interceptor Course, 11 Weeks, 91” 10. Her records show a DA Form 5016 (Chronological Statement of Retirement Points), dated 24 July 2019 that shows: * 19890822 – 19900821: 139 active duty points: total points credible: 181 * 19900822 – 19910821: 314 active duty points: total points credible: 337 11. Army Regulation 635-5 (Separation Documents), reflects the purpose of the separation document, which is to provide the individual with documentary evidence of his or her military service. A DD Form 214 is issued to a USAR service member each time they complete 90 days or more of active duty service. 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 of service, the orders in her records and those she provided, to include travel, the report dates on the orders, the record of completion of language school and the EW/SIGINT, completion of ADT and award of an MOS, the reason for her separation and the point reflected on her DA Form 5016. The Board did not find evidence that the applicant had a break between active duty for language school, Voice Interceptor Course and her period of ADT and that those both periods of active duty should be reflected on her DD Form 214. Based on a preponderance of evidence, the Board determined that a correction to her active duty service was appropriate. 2. After reviewing the application and all supporting documents, the board found that relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 12 (Record of Service) of the DD Form 214 for the period of service ending 21 June 1991 as follows: - Item 12a. (Date Entered AD This Period) – “90 04 01”; - Item 12c. (Net Active Service This Period) – “01 02 19.” 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 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, then in effect, prescribes the transition processing function of the military personnel system. It establishes the standardized policy for preparing and distributing the DD Form 214. It states the DD Form 214 provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. ABCMR Record of Proceedings (cont) AR20190000115 5 1