IN THE CASE OF: BOARD DATE: 19 August 2022 DOCKET NUMBER: AR20220001615 APPLICANT REQUESTS: •correction of the years of service reflected on DD Form 214 (Certificate ofRelease or Discharge from Active Duty), ending on 30 September 2020, to reflectservice in the U.S. Army Reserve (USAR) •adjustment of retired pay •entitlement to back pay accordingly APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: •DD Form 149 (Application for Correction of Military Record) •DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the UnitedStates), dated 5 August 1988 FACTS: 1.The applicant states in pertinent part that her most recently issued DD Form 214does not accurately reflect her years of service. She contests that while going throughthe retirement process and preparation of her DD Form 214, she advised the transitionpoint that she previously served on active duty while in the USAR. She provided a copyof her DA Form 5016 (Chronological Statement of Retirement Points) but was requiredto provide additional documentation i.e., a DD Form 214 of which she did not have.Since retiring, she was able to locate documentation (DD Form 4) to support her claim. 2.A review of the applicant's available service records reflects the following: a.On 5 August 1988, the applicant enlisted in the USAR. b.On 28 June 1989, the applicant was ordered to active duty. c.On 31 July 1991, the applicant was released from active duty. DD Form 214,Item 12c. (Net Active Service this Period) reflects 2 years, 1 month, and 4 days. Item 12d. (Total Prior Active Service) reflects 9 months and 18 days. Item 18. (Remarks) provides that service as a cadet reflected in item 12c. from 28 June 1989 – 31 July 1991 is not creditable for commissioned service. d.On 26 August 1991, the applicant enlisted in the USAR as a Reserve Officers'Training Corps (ROTC) cadet. e.On 21 May 1993, Headquarters, U.S. Army Second Region issued OrdersNumber 85-11-A-482 ordering the applicant to active duty effective upon the date that she accepted appointment in the USAR. f.On 22 May 1993, the applicant was appointed as a Reserve commissionedofficer and executed an oath of office. g.On 1 June 1993, the applicant was appointed as a Regular Army commissionedofficer and executed an oath office. h.On 9 August 2019, Headquarters, U.S. Army Training Center and Fort Jacksonissued Orders Number 221-1312 reassigning the applicant to Fort Jackson pending separation. For pay purposes (Basic Pay), the applicant received credit for 29 years, 11 months, and 11 days of service based upon initially entering the military on 26 July 1987. At the time of retirement, the applicant will have completed 27 years, 11 months, and 19 days of service. Under Title 10, United States Code (USC), Section 1405 (Inactive Duty Training (IDT) Points Creditable Towards Retirement), the applicant was credited with 28 years, 1 month, and 19 days of creditable service. i.On 15 May 2020, Headquarters, U.S. Army Training Center and Fort Jacksonissued Orders Number 136-1307 reassigning the applicant to Fort Jackson pending separation. For pay purposes (Basic Pay), the applicant received credit for 29 years, 3 months, and 11 days of service based upon initially entering the military on 26 July 1987. At the time of retirement, the applicant will have completed 28 years, 1 month, and 27 days of service. Under Title 10, USC, Section 1405 (Inactive Duty Training (IDT) Points Creditable Towards Retirement), the applicant was credited with 28 years, 3 months, and 19 days of creditable service. j.On 30 September 2020, the applicant was honorably retired from active duty. DDForm 214, item 12c. (Net Active Service this Period) reflects 27 years, 4 months, and 9 days. Item 12d. (Total Prior Active Service) reflects 9 months and 18 days. Item 12e. (Total Prior Inactive Service) reflects 1 year, 1 month, and 14 days. 3.On 16 May 2022, the U.S. Army Human Resources Command, Chief, Army ServiceCenter provided an advisory opinion citing that ASC was unable to verify if thecalculation contained within item 12e of DD Form 214 was correct. The applicant wouldneed to provide all Leave and Earnings Statements to verify that no other factorsreduced her prior inactive service time. 4.On 27 May 2022, the applicant was provided with a copy of the advisory opinion andafforded 15 days to provide comments. As of 16 August 2022, the applicant had notresponded. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant's contentions, the military record, an advisory opinion, and regulatory guidance were carefully considered. Based upon a preponderance of the evidence, the Board determined there is insufficient evidence that shows the service credit on the contested DD Form 214 is incorrect. The Board agreed the DD Form 214 shows the circumstances that existed when the form was created. Therefore, periods of service performed after the ending period of the DD Form 214 does not make the form incorrect. 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. Microsoft Office Signature Line... 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 3911 (Twenty Years or More: Regular or ReserveCommissioned Officers) provides that the Secretary of the Army (SECARMY) may,upon the officer's request, retire a regular or reserve commissioned officer of the Armywho has at least 20 years of service computed under section 3926 of this title, or atleast 10 years of which have been active service as a commissioned officer. 2.Department of Defense Financial Management Regulation, Volume 7b. (Military PayPolicy – Retired Pay) Section 0103 (Service Creditable for Computing Retired Pay)provides that all active service in the Uniformed Services would be utilized in calculatingthe retired pay of a commissioned officer. a.Section 0301 (Basic Computation) provides that in most cases, retired or retainerpay is the product of multiplying the retired pay base by the years of service multiplier. For individuals who first became members after 7 September 1980, the retired or retainer pay base is generally the average of the highest 36-months of basic pay received. In computing retired or retainer pay, other than for disability or nonregular service retirement, the retired pay or retainer pay multiplier is the product of two and one-half percent and the member's years of creditable service. The term "years of creditable service" means the number of years of service that are creditable to a member in computing the member's retired or retainer pay, including credit for each full month of service in addition to full years of service. b. Section 010303 (Voluntary Retirement Commissioned Officers) provides that the following periods of service are used for computing creditable service for percentage multiplier: • Active service in the Uniformed Services • Years of service with which the member would be entitled to be credited: (1) Days of active service. (2) Days of full-time service while preforming annual training or attending a prescribed course of instruction at a school designated as a service school by law or by the Secretary of the Military Department concerned. (3) 1 day for each point, but not more that 130 days in any year of service that includes 30 October 2007 an in any subsequent year of service credited for attending drills or periods of equivalent instruction. (4). Between 29 October 2000 and 29 October 2007, the maximum number was 90 days. (5). Between 23 September 1996 and 29 October 2000, the maximum number was 75 days. (6) Prior to 23 September 1996, the maximum was 60 days. c. Chapter 10 (Correction of Records) provides that the Secretary of the Military Department may correct any military record of that department when the Secretary concerned considers it necessary to correct an error or injustice. A proper correction and a right to payment of money because of a proper correction may be a result of a change of facts as set forth in the original record or an addition or deletion of a fact. Payments based on the correction of military records must be made in the amounts determined to be due by applying pertinent laws and regulations to all the material facts shown in the corrected record. 3. Army Regulation 635-8 (Separation Processing and Documents) provides that 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 REFRAD, retirement, or discharge. Source documents will consist of: • Service Member's Record Brief • Separation approval documents • Separation order • Any other document authorized for filing in the Army Military Human Resources Record a. Item 12c. (Net Active Service this Period) provides the amount of service this period, computed by subtracting block 12a from 12b. Lost time under Title 10, USC, section 972 and non-creditable time after expiration term of service, if any, are deducted. b. Item 12d. (Total Prior Active Service) provides information from previously issued DD Form 214, DD Form 220, DA Form 1506, or Retirement Point Annual Statement; enter total amount of prior active military service less lost time, if any. c. Item 12e. (Total Prior Inactive Service) provides information from previously issued DD Form 214, Retirement Point Annual Statement, DA Form 1506, or Servicemember's record brief; enter the total amount of prior inactive service, less lost time, if any. Inactive Service should be annotated. //NOTHING FOLLOWS//