ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 April 2021 DOCKET NUMBER: AR20200001947 APPLICANT REQUESTS: correction of his record to show accurate recordation of: * active duty time between September 1973 to October 1986 * U.S. Army Reserve (USAR) between 1986 to 1989 * active duty service while in the Individual Ready Reserve (IRR) between 1991 and 1995 * with the record correction retirement points to qualify for a 20-year Non-Regular Retirement APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders Number A-07-017266, dated 19 July 1991 * Orders Number 91-051, dated 30 September 1991 * Orders Number 83-4, dated 23 March 1992 * First Endorsement to Orders Number A-07-017266, dated 20 May 1992 * DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 26 June 1992 * DA Form 5016 (Chronological Statement of Retirement Points), dated 16 July 2020 * Sample DD Form 214 (Certificate of Release or Discharge from Active Duty), undated (handwritten) FACTS: 1. The applicant did not file within the three-year period provided in Title 10, United States Code (USC), 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 he expected, but did not receive his 20-year letter at the completion of his last assignment. He requested his service record; however, the documentation was incomplete. Based on information received, not all time served, had been recorded to qualify him for a non-regular USAR retirement with 20 years. 3. A review of the applicant's available service records reflects the following: a. On 24 September 1973, the applicant enlisted in the Regular Army (RA) for a 3-year period. b. On 6 July 1976, DD Form 214 (Report of Separation from Active Duty) issued, shows the applicant was honorably discharged from active duty. His total active service for pay shows 2 years, 9 months and 13 days. c. On 7 July 1976, he reenlisted in the RA with a 6-year commitment. d. On 17 February 1982, DA Form 1695 (Oath of Extension of Enlistment), shows he voluntarily extended his RA enlistment for a period of 6 years and 6 months. e. On 12 October 1982, he reenlisted in the RA for 4 years. f. On 15 May 1986, Orders Number 120-11, published by the 189th Personnel Services Company, reassigned him to the U.S. Army Separation Transfer Point, Fort Jackson, SC, and discharged him from the RA, with an effective report date of 10 October 1986. g. On 8 October 1986: (1) First Endorsement to Orders Number 120-11, shows he enlisted in the USAR in addition, was assigned to the USAR Control Group (Reinforcement). (2) DD Form 214, shows he was honorably discharged from active duty. He completed 10 years, 3 months, and 2 days of net active service this period with 2 years, 9 months, and 13 days of prior active service. The narrative reason for separation shows "Expiration Term of Service, (ETS)." h. On 9 October 1986, he enlisted in the USAR IRR prior service enlistment options for a period of 6 years. i. On 21 January 1987, Orders Number C-01-01-002427, published by the U.S. Army Personnel Center, relieved him from the IRR and voluntarily assigned him to the Headquarters, Headquarters Battery, 3rd Battalion, 92nd Field Artillery, effective 23 January 1987. j. On 6 September 1987, a DARP Form 249, (Chronological Statement of Retirement Points) shows he completed 13 years, 11 months and 12 days' total service of qualifying and non-qualifying service for retirement. The period between 9 October 1985 - 23 January 1987 reflects 4 and 15 membership points for retirement. k. On 22 January 1988, a DA Form 3593 (Army Reserve Retirement Credit Card), shows he was earned retirement points between 23 January 1987 and 22 January 1988 for the months of March (5), April (4), June (15), July (3), August (4) and September (4). l. On 16 July 1990, an Interactive Personnel Electronic Records Management System screenshot shows the applicant was deemed as an unsatisfactory participant. m. On 19 July 1991, Orders Number A-07-017266, published by the U.S. Total Army Personnel Command, ordered him to active duty, effective 28 July 1991, for a period of 179 days, in support of Operation Desert Storm/Desert Shield. n. 30 September 1991, Orders Number 91-051, published by Headquarters, Combat Equipment Group Southwest Asia, reattached the applicant to the 555th Service Company for rations, quarters, administration, and Uniform Code of Military Justice, effective October 1991. o. On 10 March 1992, he executed an immediate reenlistment in the USAR IRR Individual Mobilization Augmentee for a period of 6 years. p. On 23 March 1992, Orders Number 83-4, published by the U.S. Army Kuwait (USAK), assigned him to Headquarters and Headquarters Company USAK, effective 24 March 1992. q. 26 June 1992, DD Form 214 shows he was honorably released from active duty and transferred to the USAR Control Group (Reinforcement). He completed 11 months of net active service this period. Item 28 (Narrative Reason for Separation) shows "ETS." r. On 16 October 1994, he entered active duty. s. On 3 March 1995, he was honorably released from active duty and transferred to the USAR Control Group (Reinforcement). He completed 4 months and 18 days of net active service this period. t. On 25 March 1995, he again entered active duty. u. On 10 August 1995, he was released from active duty and transferred to the USAR Control Group (Reinforcement). He completed 4 months and 16 days of net active service this period. 4. A further review of his official documents showed: a. 10 July 2019, the applicant received four DD Forms 214 that were found in his online record, based on his request for assistance from the National Personnel Record Center (NPRC) indicated his final discharge DD Form 214, was not reflected in his military file. He was advised to send a request to the U.S. Army Human Resources Command (HRC), if he felt information was missing. His DD Forms 214 reflect 13 years, 5 months and 3 days. b. On 5 August 2019, he requested assistance in updating his military record from HRC and attached a copy of the letter received from NPRC. 5. The applicant provided a DA Form 5016, dated 16 July 2020, that reflected Total Points Creditable as 422. His qualifying service for retirement as 1 year. 6. On 5 August 2020, email correspondence between an HRC Senior Call Center Specialist and Army Review Board Agency, Case Management Division, indicated the applicant only had 17 years of service towards retirement. a. To determine whether the applicant had 20 good years towards retirement, copies of his Leave and Earnings Statements (LES) for the periods October 1986 through March 1998 were necessary. The LES' would be used to add missing points and potentially attain the 3-years needed. b. The LES' were provided for March 1987 through December 1989. He did not attend drill or receive points for eleven months between June 1987 and December 1989. The Master Military Pay Account History Report (MMPA) shows he was in a pay status: * 1-15 December 1994; Active Duty * 16 – 31 December 1994; Active Duty * 16 October 1994 – 3 March 1995 * 30 March -11 August 1995; Family Separation Allowance 7. On 7 August 2020, HRC reviewed the applicant's official records and rendered an advisory opinion in his case. The advisory official enclosed the applicant's updated DA Form 5016. The Chief, Army Service Center, opined we have accounted for all points they were able to verify in the applicant's military service record, to include the LES's received. In order to qualify for a Twenty-Year Retirement Eligibility letter, a service member must have 20 or more creditable years of service. The applicant's Retirement Point Statement reflects 18 creditable years. 8. The applicant was provided with a copy of the advisory opinion to give him an opportunity to respond and/or submit a rebuttal. The applicant did not provide a response. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. The Board carefully considered the applicant’s request, supporting documents, evidence in the records, Human Resource Command (HRC) advisory opinion and regulatory guidance. The Board considered the applicant’s statement, his record of service and documents provided by the applicant. The Board concurred with the advisory opinion finding the applicant did not meet the qualification for a Twenty- Year Retirement Eligibility letter, a service member must have 20 or more creditable years of service. The applicant's Retirement Point Statement reflects 18 creditable years. The burden of proof lies on the applicant to provide additional supporting documentation that would support the 2 years required to receive a retirement eligibility letter. Therefore, the Board found insufficient evidence to support a correction of his record to show accurate recordation of: active duty time between September 1973 to October 1986, U.S. Army Reserve (USAR) between 1986 to 1989, active duty service while in the Individual Ready Reserve (IRR) between 1991 and 1995 or correction to the applicant’s current retirement points to qualify for a 20-year Non-Regular Retirement. The Board denied relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING XXX XXX XXX 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. X CHAIRPERSON 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 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 (AR) 135-180 (Qualifying Service for retired Pay Non-Regular Service) implements statutory authorities governing the granting of "retired pay" to Soldiers and former Reserve components (RC) Soldiers. Chapter 2 provides eligibility criteria and states, in pertinent part, that in order to qualify for non-regular retirement, a member must have attained age 60 and completed a minimum of 20 years of qualifying service. Paragraph 2-8 defines qualifying service and states, in pertinent part, that an RC Soldier must earn a minimum of 50 retirement points each retirement year to have that year credited as qualifying service. 3. Army Regulation 140-1 (Army Reserve - Mission, Organization, and Training) shows that USAR control groups include: a. Control Group (Annual Training) consists of non-unit Ready Reserve Soldiers with a training obligation. These Soldiers may take part in annual training when so directed. b. Control Group (IMA) consists of Ready Reserve non-unit Soldiers who are assigned to authorized augmentation positions documented on Active Army organization mobilization Tables of Distribution and Allowances (TDA). These Soldiers are considered available for mobilization or national emergency. IMA and drilling IMA Soldiers are required to perform a minimum of 12 days of annual training per fiscal year exclusive of travel time. Periods of inactive duty for training for pay may be authorized within budgetary constraints. c. Control Group (Reinforcement) consists of all other non-unit Ready Reserve Soldiers not assigned to another control group. These Soldiers may be assigned to a USAR unit or IMA position. d. IRR Soldiers may attend battle assemblies (inactive duty) with local Reserve units for retirement points only (non-pay status). 4. AR 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records) a. Paragraph 2-1 The limitations on the number of points, which may be credited to a soldier during a retirement year, are: (1) Maximum – 365 (366 during leap year) points. (2) Maximum for inactive duty training (IDT)—60 points for IDT and membership points. However, Annual or Terminal Statement of Retirement Points will report all points earned. (3) Partial year – If a soldier is separated or removed from an active status during a retirement year, the soldier may be credited with a proportionate maximum number of IDT points for that year as shown in appendix A. Appendix B shows the minimum number of points required for a partial year for qualifying service. Appendix C shows the number of membership points authorized for a partial year. (4) Membership – 15 points for each year in an active status. If the soldier is on Active duty for more than 350 days (351) in leap year), membership points will be reduced so that maximum 365 (366) points are not exceeded. b. Paragraph 2-4 (Criteria for awarding retirement points) provides personnel on AD, ADT, IADT, involuntary ADT, or AT are awarded 1 point for each calendar day they serve in one of these categories and may not be awarded additional points for other activities while in such status. No individual may be awarded a total of more than 2 points for IDT in one calendar day. c. Paragraph 3-5 (DA Form 3593) (Army Reserve Retirement Credit Card) provides the number of points to be awarded annually is totaled as of the month and day in which the retirement year ends. Record only those points creditable during the reporting periods in the appropriate month column. The Retirement point total column reflects cumulative total of all creditable retirement points for inactive duty training. Examples: unit training assemblies, appropriate training duty, equivalent training, recruiting, or other duties which entitle the soldier to retirement points //NOTHING FOLLOWS//