IN THE CASE OF: BOARD DATE: 24 January 2024 DOCKET NUMBER: AR20230007239 APPLICANT REQUESTS: in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her active-duty service time while a member in the U.S. Army Reserve (USAR). APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 15 March 2023 * DA Form 638 (Recommendation for Award), 30 December 1986 * Army Achievement Medal (AAM) narrative * Memoranda (2), Headquarters (HQ), 63D USAR Command, undated, subject: Letter of Recommendation * Orders D-08-372723, USAR Personnel Center (ARPERCEN), 31 August 1993 * DD Form 256A (Honorable Discharge Certificate), 31 August 1993 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, 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, in effect: a. Her active-duty service dates should be added to her miliary service. She has an honorable discharge and over 90 days of active duty and meets the eligibility requirements for a Department of Veterans Affairs (VA) loan under the year 2020 VA home loan changes. b. She was issued the AAM. The award narrative mentions her active duty for the award as from 7 April 1986 to 15 December 1986. It also has her total years of service as 1 year and 3 months at the bottom. c. She has letters of recommendation that mention a short tour and 6 months of active duty service. She has a nomination for a leadership award, dated 14 January 1987 and an Honorable Discharge letter dated 31 August 1993. 3. The applicant provides copies of: a. A DA Form 638, dated 30 December 1986, which reflects her outstanding performance from 7 April 1986 to 15 December 1986, while participating in the 63rd USAR Command (USARC). b. A memorandum, HQ, 63rd USARC, dated 14 January 1987, reflects her nomination for a leadership award. 4. The applicant's records contain sufficient evidence to support an administrative correction without Board action to block 24 (Character of Service) of her DD Form 214 and will be listed in the administrative notes section below. 5. A review of the applicant's service records shows: a. On 30 August 1985, she enlisted in the USAR for a period of 8 years. b. On the same date, Military Entrance Processing Station issued her Orders 175- 33, for Initial Active Duty for Training (IADT) with a reporting date of 6 September 1985. These orders also assigned her to Advanced Individual Training with a reporting date of 8 November 1985. c. On 15 February 1986, she was released from IADT and transferred to 195th Medical Detachment, Los Alamitos, CA. Her DD Form 214 shows she was awarded a military occupational specialty. It further shows in: * block 11 (Primary Specialty Number, Title) – 71L (Administrative Specialist) * block 12a (Date Entered Active Duty This Period) – 6 September 1985 * block 12b (Separation Date This Period) – 15 February 1986 * block 12c (Net Active Service This Period – 5 months and 10 days * block 23 (Type of Separation) – relief for ADT * block 24 (Character of Service) – "Entry Level Training" * block 25 (Separation Authority) – Army Regulation 635-200, chapter 4 d. Orders 113-016, issued by HQ, 63rd USARC, dated 3 April 1986, ordered her to ADT for 5 days, after which time she was to be relieved from ADT. e. Orders 117-056, issued by HQ, 63rd USARC, dated 9 April 1986, ordered her to ADT for 29 days, after which time she was to be relieved from ADT. f. Orders C-11-045262, issued by the Army Personnel Center (ARPERCEN), dated 3 November 1988, relieved her from USAR Control Group (Annual Training) effective 6 November 1988 by reason of statutory obligation, and assigned her to Headquarters and Headquarters Detachment, 155th Supply and Service Battalion, USAR. g. Three memoranda issued by 155th Supply and Service Battalion, dated 12 February 1990, 4 March 1990, and 16 April 1990, notified her of unexcused absences for the unit. h. Order 024-029, issued by HQ, 63rd USARC, released her from 155th Supply and Service Battalion by reason of unsatisfactory participation, and assigned her to USAR Control Group (Annual Training), effected 16 April 1990. i. An ARPC Form 249-E (Chronological Statement of Retirement Points), Army Reserve Personnel Command, dated 16 April 1990, shows she was credited with the following: * no active duty (AD) points for retirement year end (RYE) 29 August 1985 * 98 AD points for RYE 29 August 1986 * no AD points for RYE 29 August 1987 * no AD points for RYE 29 August 1988 * 1 AD point for RYE 29 August 1989 * no AD points for RYE 29 August 1990 j. Her DA Form 2-1 shows AD from 6 June 1985 to 15 February 1986 with no other periods of AD recorded. k. On 31 August 1993, she was honorably discharged from the USAR (Ready Reserve). BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that partial relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition and available military records, the Board determined based on regulatory guidance mobilization time is not added the DD Form 214. The Board noted the applicant’s retirement points worksheet should capture her reserve component time. However, the Board recommended that Human Resources Command be directed to create a DA Form 5016 (Chronological Statement of Retirement Points) to capture her 8 years of reserve component time. Based on this the Board granted partial relief 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. In addition to the administrative notes annotated by the Analyst of Record (below the signature), the Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by directing Human Resources Command to create a create a DA Form 5016 (Chronological Statement of Retirement Points) to capture the applicant’s 8 years of reserve component time. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correction of her DD Form 214 to show her active-duty service time while a member in the U.S. Army Reserve (USAR). 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's records contain sufficient evidence to support an amendment to her DD Form 214. Block 24 of her DD Form 214 should be administratively corrected and amended by deleting "Entry Level Status" and changing it to Honorable. REFERENCES: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, 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 (Certificate of Release or Discharge from Active Duty). The instructions for completing the DD Form 214 read in: a. Block 11, Primary Specialty. Enter the titles of all MOSs awarded and held for at least 1 year during the current period of service and include for each MOS the number of years and months held. b. In Block 12 (Record of Service), use extreme care in completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information. c. In Block 12a (Date Entered Active Duty), enter the beginning date of the continuous period of AD for issuance of this DD Form 214, for which a DD Form 214 was not previously issued. d. In Block 12b (Separation Date This Period), enter the Soldier’s transition date. This date may not be the contractual date if soldier is separated early, voluntarily extends, or is extended for make up of lost time, or retained on active duty for the convenience of the Government. e. In block 12c (Net Active Service This Period), enter the amount of service this period, computed by subtracting item 12a from 12b. 4. Army Regulation 135-180 (Army National Guard and Army Reserve – Qualifying Service for Retired Pay Nonregular Service) in effect at the time (as of 1 July 1987), implemented statutory authorities governing the granting of "retired pay" to Soldiers and former Reserve components Soldiers. a. Paragraph 2-4. Area commanders and CG, ARPERCEN will furnish statements of service and retirement point credits when requested by Ready Reserve soldiers under their jurisdiction. b. Paragraph 2-8b. After 30 June 1949, a reservist must earn a minimum of 50 retirement points each retirement year to have that year credited as qualifying service. c. Paragraph 2-9. Service not creditable as qualifying service. The following are not creditable as qualifying service: Inactive Status List of the Standby Reserve and Unassigned Reserve. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230007239 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1