IN THE CASE OF: 

		BOARD DATE: 16 March 2023

		DOCKET NUMBER: AR20220004714


APPLICANT REQUESTS:  in effect – 

	a.  Correction of her DD Form 214 (Certificate of Release or Discharge from Active 
Duty) ending on 25 May 2021 and Physical Disability Retired List Orders to show her 
correct time in service.

	b.  To add the Meritorious Service Medal (second award) to her DD Form 214.     

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Orders Number 076-0255, 17 March 2021
*	DD Form 214, ending on 25 May 2021
*	Leave and Earnings Statement (LES) period covered 1-31 May 2021
*	DA Form 638 (Recommendation for Award), 19 November 2021
*	Meritorious Service Medal Certificate, 19 November 2021 

FACTS:

1.  The applicant states she retired in May 2021 and her time in service was finally 
corrected in July 2021. She received backpay due to the correction; however, Fort 
Bragg, NC, did not follow through with correcting her orders, DD Form 214, or 
retirement pay. She is requesting that these items be corrected. Per the Physical 
Disability Agency, they are no longer allowed to correct without approval from the Army 
Board for Correction of Military Records (ABCMR). 

2.  The applicant provides a DA Form 638 with supporting certificate awarding her the 
Meritorious Service Medal. This portion of the request will be administratively corrected 
and does not require Board action.

3.  A review of the applicant's official military records show the following:

	a.  On 15 November 2001, she enlisted in the U.S. Army Reserve (USAR). 
	b.  DA Form 597-3 (Army Senior Reserve Officers' Training Corps (ROTC) 
Scholarship Cadet Contract) shows the applicant enrolled as an ROTC Scholarship 
Cadet, effective 11 September 2002. 

	c.  On 5 May 2006, the applicant was notified by memorandum that she was 
appointed as a Reserve Commissioned Officer and must execute a DA Form 71 (Oath 
of Office – Military Personnel). Her Oath of Office constituted her acceptance of 
appointment. 

	d.  Orders Number 86-17 dated 26 March 2008, issued by Headquarters, U.S. Army 
Cadet Command, Fort Monroe, Virginia, assigned the applicant to the USAR Control 
Group (Officer Active Duty Obligor), Army Reserve Personnel Center, St. Louis, MO, 
effective 5 May 2006.     

	e.  Orders Number A-06-113375 dated 22 June 2011, issued by the U.S. Army 
Human Resources Command, Fort Knox, KY, ordered the applicant to active duty in a 
voluntary indefinite status.  	

	f.  On 13 July 2011, DA Form 71 shows she executed an oath of office and was 
appointed as a Regular Army Medical Services officer.     

	g.  On 26 February 2021, a formal Physical Evaluation Board (PEB) convened and 
the PEB found the applicant physically unfit and recommended her permanent 
retirement by reason of disability with a combined rating of 40 percent. She concurred 
with the recommendation.         

	h.  On 17 March 2021, the U.S. Army Installation Management Command, 
Headquarters, U.S. Army Garrison, Fort Bragg, NC, issued Orders Number 076-0255, 
retiring the applicant by reason of permanent physical disability, effective 25 May 2021, 
and placed her on the Retired List in the grade of major/O-4, effective 26 May 2021. 
These orders show:

*	Statute Authorizing Retirement: 1201 (Title 10, United States Code (USC), 
section 1201)
*	Other eligible laws: 1372 (Title 10, USC, section 1372)
*	Basic Pay: 9 years, 10 months, and 13 days 
*	Disability retirement: 9 years, 10 months, and 13 days
*	Section 1405: 9 years, 10 months, and 13 days
*	Date initially entered military: 11 September 2002

(Note: The service time calculation did not include her service prior to entering active 
duty in 2011.)

	i.  On 25 May 2021, she was honorably retired by reason of permanent physical 
disability. Her DD Form 214 shows in items

   (1) 12c (Net Active Service this Period) 9 years, 10 months, and 13 days.
   
   (2) Item 12e (Total Prior Inactive Service) – no entry documenting her service 
prior to entering active duty in 2011.
   
      (3) Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons 
Awarded or Authorized):
   
*	Meritorious Service Medal
*	Army Commendation Medal 
*	Army Achievement Medal
*	National Defense Service Medal
*	Global War on Terrorism Service Medal
*	Army Service Ribbon

   j.  DA Form 5016 (Chronological Statement of Retirement Points) shows the 
applicant had enlisted service in the U.S. Army Reserve from 15 November 2001 
through 16 April 2003 and commissioned officer service beginning on 
16 November 2007 through her medical retirement on 25 May 2021
   
4.  The applicant provides:    

	a.  An LES for the period covered 1-31 May 2021 showing 15 years of service for 
pay. 

	b.  DA Form 638 (Recommendation for Award) and Meritorious Service Medal 
Certificate approved on 19 November 2021. 


BOARD DISCUSSION:

1.  After reviewing the application, all supporting documents, and the evidence found 
within the military record, the Board found relief is warranted.

2.  The Board found both the applicant’s retirement orders and her DD Form 214 fail to 
account for time served prior to entering active duty on 13 July 2011. The Board 
determined both documents should be corrected to account for the additional time 
served.

3.  The Board concurred with the correction described in Administrative Note(s) below.
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 Headquarters, United States Army Garrison, Fort Bragg, Orders 076-
0255, 17 March 2021, by updating the entries pertaining to years of service for 
basic pay, disability retirement, and “Section 1405” to account for all creditable 
service performed prior to 13 July 2011
*	Amending her DD Form 214 by recording her total prior active service, if any, and 
total prior inactive service in blocks 12d and 12e, respectively
*	Making the correction described in Administrative Note(s) below
	 
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):  

The applicant received an award that was not recorded on her DD Form 214 for the 
period ending 25 May 2021.  Correct the DD Form 214 by adding the Meritorious 
Service Medal (2nd Award). 
?
REFERENCES:

1.  Title 10, United States Code, section 1405 (Years of Service), states, for the 
purposes of the computation of the years of service of a member of the Armed Forces 
under a provision of this title providing for such computation to be made under this 
section, the years of service of the member are computed by adding: (1) his/her years 
of active service; (2) the years of service, not included in clause (1), with which he/her 
was entitled to be credited on 31 May 1958, in computing his/her basic pay; and (3) the 
years of service, not included in clause (1) or (2), with which he/she would be entitled to 
be credited under section 12733 of this title if he/she were entitled to retired pay under 
section 12731 of this title. b. Fractional Years of Service - in determining a member's 
years of service under subsection (a): (1) each full month of service that is in addition to 
the number of full years of service creditable to the member shall be credited as 1/12 of 
a year and (2) any remaining fractional part of a month shall be disregarded.

2.  Army Regulation 635-8 (Separation Processing and Documents) prescribes the 
transition processing function of the military personnel system. It provides principles of 
support, standards of service, policies, tasks, rules, and steps governing required 
actions in the field to support processing personnel for separation and preparation of 
separation documents. 

	a.  Chapter 5 (Preparing Separation Documents) states, in pertinent part, 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. 

	b.  For Block 12c, amount of service this period, computed by subtracting block 12a 
from 12b.

	c.  For Block 12e, from previously issued DD Form 214, Retirement Point Annual 
Statement, DA Form 1506 (Chronological Statement of Retirement Points), or 
Servicemember’s record brief, enter the total amount of prior inactive service,

   d.  For Block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons 
Awarded or Authorized), list all federally recognized awards and decorations for all 
periods of service. 

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220004714


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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