IN THE CASE OF: BOARD DATE: 29 March 2016 DOCKET NUMBER: AR20150009669 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____X____ ___X___ ____X___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 29 March 2016 DOCKET NUMBER: AR20150009669 BOARD DETERMINATION/RECOMMENDATION: 1. 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 crediting her with qualifying service (50 points) for the retirement years ending on 22 October 2012 and 22 October 2013. 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 retroactively crediting her with qualifying service (50 points) for the retirement year ending 22 October 2014. ____________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. IN THE CASE OF: BOARD DATE: 29 March 2016 DOCKET NUMBER: AR20150009669 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests retroactive award of a total of 150 retirement points for the 3-year period that commenced on her date of discharge in December 2011, through her subsequent reinstatement in January 2014. 2. The applicant states, in effect, she was discharged due to being a two-time non-selection for promotion to captain (CPT). She was granted partial relief by the Army Board for Correction of Military Records (ABCMR) and was reconsidered and promoted to captain on 16 January 2014. Once she was reinstated, her retirement points should have been corrected as if she never left the U.S. Army Reserve (USAR). She is requesting a total of 150 retirement points for the 3 years she missed due to no fault of her own. 3. The applicant provides: * a self-authored letter * previous ABCMR case proceedings * discharge orders and revocation orders * special selection board (SSB) notification * SSB results CONSIDERATION OF EVIDENCE: 1. The applicant is currently serving as a CPT in the USAR. 2. Having prior enlisted service in the Army National Guard, the applicant was appointed as a second lieutenant in the USAR on 8 January 2005. She was promoted to first lieutenant on 7 January 2007. 3. On 10 June 2010, she was considered but not selected for promotion to captain. 4. In August 2011, she was informed she would be reconsidered for promotion to CPT by an SSB due to an administrative error. 5. On 21 December 2011, she was discharged from the USAR without being considered by an SSB. 6. On 3 January 2013, the ABCMR granted partial relief of her request for correction of her records as follows: * directed her records be placed before an SSB for promotion to CPT * if selected for promotion, voiding her discharge orders and promoting her with an appropriate date of rank 7. Based on the Board’s decision, her records were placed before an SSB and she was considered and selected for promotion to CPT. 8. In an undated advisory opinion, the Chief, Health Services Division, Department of the Army, U.S. Army Human Resources Command, recommended the applicant be granted membership points. The advisory official further stated the applicant earned 50 or more points in 13 of the 14 years preceding her erroneous discharge. Thus, it is highly likely the applicant would have earned 50 retirement points during each year of her discharge. 9. The applicant was provided a copy of the advisory opinion, for information and/or possible rebuttal; however, she did not respond to the advisory official’s findings. 10. A DA Form 5016 (Chronological Statement of Retirement Points) shows she earned retirement points for membership in the USAR in each of the years between 1998 and 2015. However, she did not earn any additional retirement points during the period of 23 October 2011 through 22 October 2013. REFERENCES: Army Regulation 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records) prescribes the types of training and activities for which retirement points are authorized and the procedures for recording retirement point credits and training for USAR Soldiers. Retirement points may be earned by USAR Soldiers for active duty, or while in an active Reserve status, for active duty for training, initial active duty for training, involuntary active duty for training, annual training, inactive duty training, Reserve membership, and for other specified activities. Annual or terminal statements of retirement points tell the Soldier whether he or she earned sufficient points to be credited with a qualifying period for retired pay or for retention in an active status. A service member must earn at least 50 retirement points during each 1-year period (retirement year ending) to be credited with a qualifying year for retirement. DISCUSSION: 1. The applicant’s request for retroactive award of a total of 150 retirement points for the 3-year period commencing on her date of discharge in December 2011, through her subsequent reinstatement in January 2014, was carefully considered. 2. The evidence of record shows the ABCMR granted partial relief of the applicant's previous request, which resulted in her selection for promotion to CPT by an SSB. This action had the effect of negating her previous discharge. She earned 50 or more points in 13 of the 14 years preceding her erroneous discharge. Therefore, it is reasonable to presume that she would have earned retirement points for the years in which she was discharged, had she not been discharged. 3. In view of the circumstances in this case, it would be equitable to credit her with qualifying service (50 points) for the retirement years ending on 22 October 2012 and 22 October 2013, so that she has a sufficient number of points to be credited with a qualifying year for retirement. 4. As for the year ending in 22 October 2014, the applicant earned 76 creditable points towards a qualifying year for retirement. Therefore, no further action is required by this Board. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009669 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009669 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2