BOARD DATE: 16 March 2017 DOCKET NUMBER: AR20150015876 BOARD VOTE: ____x_____ ___x____ _x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 16 March 2017 DOCKET NUMBER: AR20150015876 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20140018049, dated 16 June 2015. 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: * redistributing 18 of the applicant's excess retirement points to her retirement year from 12 February 1982 to 11 February 1983 to provide her with a full qualifying year of service for that retirement year [total 50 points] * placing the applicant on the Retired List in the rank/grade of lieutenant colonel/O-5 effective 28 September 2000 * paying her retired pay effective 28 September 2000 2. The applicant is advised that a Survivor Benefit Plan (SBP) election must be made or the SBP will, by law, default to automatic SBP spouse coverage (if married). The applicant is advised to contact her nearest Retirement Services Officer (RSO) for information and assistance immediately. A listing of RSO's by country, state, and installation is available on the Internet at http://www.armyg1.army.mil/RSO/rso.asp. ___________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. BOARD DATE: 16 March 2017 DOCKET NUMBER: AR20150015876 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 reconsideration of her previous request to show she completed 20 qualifying years of service for non-regular retirement at age 60. 2. The applicant states: a. She completed 20 years of qualifying service for non-regular retirement. She is now 73 years old and desires her retired pay and its associated benefits. b. She was denied non-regular retired pay because her AHRC Form 249 (Chronological Statement of Retirement Points) is wrong. c. For each retirement year ending (RYE) date shown below, she claims she earned retirement points as follows: RYE Inactive Duty Points Membership Points Active Duty Points Total Points 11 Feb 1981 50 15 12 77 11 Feb 1982 50 15 9 74 11 Feb 1983 50 15 13 58 d. She has copies of her leave and earning statements (LESs) to prove these were good years. e. She asserts her Reserve units did not maintain adequate attendance records nor record her extension course attendance or continuing professional education units as [inactive duty] points throughout her military service. She should have received 15 continuing professional education credit points for each RYE from 1969 to 2007. 3. The applicant provides: a. With her application, copies of: * Chronological Statements of Retirement Points dated 24 March and 28 December 2015 * Congressional Inquiry privacy release form dated 20 July 2015 * letter from the applicant to her Senator dated 14 August 2015 * letter to National Personnel Records Center (NPRC) from her United States Senator dated 10 September 2015 * 15 September 2015 letter from the NPRC, St Louis, MO stating her request was forwarded to the Army Review Boards Agency * NPRC service request data summary dated 9 October 2015 b. As a supplement to her application, copies of: * a second DD Form 149 (Application for Correction of Military Records Under the Provisions of Title 10, U.S. Code, Section 1552) dated 29 January 2016 * LESs for January, February, March April, May and June 1982 * DA Form 2139 (Military Pay Voucher), dated 20 January 1982 * DA Form 1380 (Record of Individual Performance of Reserve Training Duty) dated 27 March 1988 * CGSC Form 36 (Application for Change of CGSO Program Option) dated 15 July 1989 * 4159th U.S. Army Reserve (USAR) School 8-3 Form 2 (Record of Attendance) dated 15 April and 23 October 1988 * Commission of Dietetic Registration letter dated 25 November 2015 * Applicant's 8 December 2015 letter to Army Human Resources Command * DD Form 2656 (Data for Payment of Retired Personnel) CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20140018049 on 16 June 2015. The applicant provides new evidence and a new argument warranting reconsideration. She asserts her Reserve units did not provide her with inactive duty training or equivalent training points for her continuing professional education units as a dietitian. 2. The applicant was born on 28 September 1940. 3. The applicant was appointed a Reserve commissioned officer of the Army and entered active duty on 23 July 1963. She was released from active duty on 31 August 1966 in the rank and grade of captain/O-3. She was issued a DD Form 214 (Armed Forces of the United States Report or Discharge) showing she completed 3 years, 1 month and 8 days of active Federal service. Her narrative reason for separation was unqualified resignation of commission. 4. On 8 February 1967, she was appointed a Reserve commissioned officer of the Army in the rank and grade of first lieutenant/O-2. She was appointed for an indefinite term. She served in positions of increasing responsibility and was promoted through the ranks to lieutenant colonel (LTC)/pay grade O-5. 5. Effective 1 July 1982, she was transferred from 94th General Hospital, Mesquite, Texas, to the USAR Control Group (Reinforcement). 6. She was discharged from the USAR on 4 May 1995 by Orders D-05-539714 issued by the U.S. Army Reserve Personnel Center. 7. On 4 October 2000, the USAR Personnel Command (PERSCOM) notified the applicant by letter that she had not completed the minimum 20 years of qualifying service for non-regular retired pay. The letter stated the applicant had completed 17 years, 7 months, and 5 days of qualifying service for non-regular retired pay. 8. The USAR PERSCOM adjusted her Chronological Statement of Retirement Points and published a new statement on 14 May 2015. This statement shows she was credited with 19 years, 2 months and 15 days of qualifying service for non-regular retired pay. [Her RYE 11 February 1983 is not a qualifying year for non-regular retired pay because she did not earn 50 points.] 9. Her Chronological Statement of Retirement Points, in pertinent part, shows she earned retirement points as follows, also receiving 15 membership points each RYE: RYE Inactive Duty Points Extension Courses Points Active Duty Points Total Creditable Points 11 Feb 1981 51 0 0 60 11 Feb 1982 53 0 23 83 11 Feb 1983 17 0 0 32 11 Feb 1984 0 0 0 15 11 Feb 1985 1 0 6 22 11 Feb 1986 0 0 13 28 11 Feb 1987 6 0 1 22 11 Feb 1988 16 0 0 31 11 Feb 1989 12 25 0 52 For RYE 11 February 1981, 11 February 1982, and 11 February 1989 she received a qualifying year for non-regular retired pay. The years from 12 February 1983 through 11 February 1988 were not qualifying years for non-regular retired pay. Following RYE 11 February 1989, she earned only 15 membership points each RYE until her discharge date of 4 May 1995. These years are not qualifying years for non-regular retired pay. 10. On 16 June 2015, the ABCMR in Docket Number AR20140018049 denied her request to show she completed 20 qualifying years of service for non-regular retired pay. At that time, the Board had a Chronological Statement of Retirement Points showing she had only 17 years, 7 months, and 5 days of qualifying service. It appears the Board did not have the 14 May 2015 updated form. 11. In support of her request the applicant provides the following evidence: a. LESs for January, February, March April, May and June 1982. She also provides a DA Form 2139 for January 1982. [The LESs for the months of January and February 1982 were credited toward her RYE date of 11 February 1982 as her unit training assemblies and subsequent annual training occurred before her RYE of 11 February. Duty performed after 11 February 1982 is credited toward her 11 February 1983 RYE. Her RYE 1982 is a good year. Her RYE 1983 is not a good year.] Month Unit Training Assembly Annual Training (Days/Points) Inactive Duty Points January 10 – 23 January 1982 14 30 January 1982 2 30 January 1982 1 February 6 February 1982 2 7 February 1982 2 March 27 March 1982 2 28 March 1982 2 April 23 April 1982 1 24 April 1982 2 25 April 1982 2 May 22 May 1982 2 23 May 1982 2 June 26 June 1982 2 27 June 1982 2 b. In her 14 August 2015 letter to her United States Senator, the applicant states she is having difficulty receiving her DA Forms 1380 to prove she completed 20 qualifying years for non-regular retired pay. She states her unit purposely placed her in the USAR Control Group to stop her from completing her 20 years of qualifying service. She asserts the commander wanted to promote another officer into her position. She continued to attend unit training assemblies but unit personnel administrators did not record all her drill attendance. She states she drilled for points only from 1982 through 1995 using the DA Form 1380 to record her individual drill attendance. She asserts the U.S. Army Human Resources Command will not send her copies of her DA Forms 1380 proving she performed drill for points only. She also contends she had a qualifying year for retirement in 1966 because she earned 79 points, but the Army refuses to count that year. c. A DA Form 1380, dated 27 March 1988, shows she earned two drill points on 26 March and one drill point on 27 March 1988 for performing duties at the Command and General Staff College. This form is authenticated by a certifying officer. [The applicant received a qualifying year for non-regular retired pay for her RYE ending on 11 February 1989 which includes these dates of inactive duty training.] d. The Commission on Dietetic Registration sent a letter dated 25 November 2015 to the applicant's veteran's service officer. The letter signed by the Executive Director states the applicant was a registered dietitian from 1 June 1969 through 18 January 2007. The applicant exceeded the minimum continuing professional education units of 75 units per each 5 year recertification period. The periods were 1969 to 1974, 1974 to 1979, 1979 to 1984, 1984 to 1989, 1989 to 1994, 1994 to 1999 and from 1999 to 2004. The letter did not include the dates, hours, or location of the training. REFERENCES: 1. Title 10, U.S. Code, section 12731, provides that a non-Regular (Reserve) service member is entitled to retired pay upon application if the person is at least 60 years of age, has performed at least 20 years of qualifying service, and (having completed the service requirement during the period beginning 1 October 1994 and ending 30 September 1999) shall have performed the last 6 years of qualifying service while a member of a Reserve Component. 2. Army Regulation 140-185 (Training and Retirement Points Credits and Unit Level Strength Accounting Record) provides the criteria for the awarding of retirement points and prescribes the types of training and activities for which retirement points are authorized. It discusses the procedures for recording retirement point credits and training for USAR personnel. For USAR Soldiers, the Annual Statement of Retirement Points gives a permanent record of the total retirement points a Soldier earns during a retirement year; tells the Soldier whether he/she earned sufficient points to be credited with a qualifying period for retired pay or for retention in an active status, and/or gives the Soldier an opportunity to request correction of errors in the statement. Before October 2015, the ARPC Form 249, ARPC Form 249-E, and AHRC 249 were used to record retirement points a. The types of inactive duty training include regularly scheduled unit training assemblies, multiple unit training assemblies, make-up assemblies, equivalent training, additional training assemblies and training for Soldiers in a non-pay status. b. There is a four hour rule wherein a Soldier is awarded one point for a four hour period of training except active duty. No Soldier may be awarded for more two points for inactive duty training in one calendar day. c. The DA Form 1380 is used to record an individual Soldier’s record of inactive duty training including equivalent training. One copy of the DA Form 1380 will be retained by the unit. A copy will be sent to the input station, filed in the Soldier’s Personal Financial Record, and given to the Soldier. This form is used to also record attendance in a non-pay category to include completion of Army correspondence courses in nonresident instruction, performance of military medical duties without pay or professional fees, and performance other individual inactive duty training in a non-pay status. Attendance or participation at appropriate professional and/or trade association conventions in a non-pay status. d. A DA Form 2328 (Record of Army Extension Courses Completed) is used to record and report the number of course credit hours completed during a RYE.. 3. Army Regulation 140-1 (Army Reserve ? Mission, Organization and Training), paragraph 3-26 provides guidance for Soldiers to earn retirement points in a non-pay status when the Soldier is in an Active Reserve Status. Individuals may take part in individual training to perform duties such as recruiting, being a member of a duly authorized board, conducting or reviewing medical examinations or related duties, and inspections directed by competent authority. There are provisions for retirement points for completion of Army correspondence courses and for attendance at professional meetings for medical and chaplain personnel but none for completion professional continuing education requirements. DISCUSSION: 1. By law and regulation, Reserve Component members are required to complete 20 years of qualifying service in order to be eligible for non-regular retired pay. A qualifying year of service for non-regular retired pay is a full retirement year during which a member is credited with a minimum of 50 points. 2. In this case, the applicant did not complete 20 qualifying years of service. As such, from a statutory and regulatory standpoint, she does not qualify for non-Regular retired pay. She lacked one qualifying year of service. She did not serve 20 qualifying years of service as she contends. 3. In 2015, the U.S. Army Human Resources Command updated her Chronological Statement of Retirement Points. The applicant has a good year for RYE 11 February 1982. She provided evidence she performed annual training and inactive duty training in January and February 1982. The points she earned in these two months were credited toward RYE 11 February 1982. However, she has a points shortfall in her RYE 11 February 1983. The points used in her 1982 RYE cannot be counted toward her 1983 RYE as she appears to contend by the evidence she submitted. Her 1983 RYE shows she received 32 points including 15 membership points, which is a shortfall of 18 points. 4. She also contends she should have received inactive duty training points for attending continuing professional education units. She provides a letter showing she was in good standing during her career as a registered dietitian, earning or exceeding the required education units. It would appear, based on the regulatory guidance in effect at the time, that she could have submitted the required documentation (DA Form 1380) to her unit personnel office to receive credit for continuing education. Now, many years after she completed her continuing education units, she is asking the Board to adjust her record to show she received inactive duty points for this training. While the letter she provides shows she was in compliance with her professional licensure requirements, it does not state when she attended the training or the duration of the training. 5. The applicant contends that she cannot get copies of her DA Forms 1380. A review of the regulatory guidance shows each Soldier was provided a copy of this form when they completed inactive duty training. A copy was required to be forwarded to the Soldier's finance record. The requirement to maintain this form rests with the Soldier. 6. Nevertheless, there are numerous years the applicant earned more than the minimum 50 points required for a qualifying year of non-regular service. The Board may consider redistributing points within her Chronological Statement of Retirement Points to show her 11 February 1983 RYE point total was increased by 18 points, thus crediting her with her twentieth year of qualifying service for non-regular retired pay and thereby making her eligible to receive retired pay retroactive to the day she reached 60 years of age. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015876 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015876 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2