ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



   IN THE CASE OF:

		BOARD DATE:  29 April 2019

		DOCKET NUMBER:  AR20160014578


THE APPLICANT'S REQUEST:

1.  The applicant requests retirement point credit for:

	a.  annual training (AT) in 1992 and

	b.  two periods of AT and 18 inactive duty training (IDT) periods in 2002.

2.  The applicant states she attended drill (IDT) 18 times in 2002 and 2 AT periods that are not credited to her U.S. Army Reserve Personnel Command (ARPC) Form 249-E (Chronological Statement of Retirement Points).  Her Retirement Points Statement shows she completed one drill in 2002.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

* DD Form 249 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) with supporting documents:
* two Internal Revenue Service (IRS) Forms W-2 for 1993
* DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 26 October 2001
* 90th Regional Support Command Order Number 053934, dated 19 April 2002
* 90th Regional Support Command Order Number 062678, dated 16 May 2002
* 90th Regional Support Command Order Number 068328, dated 4 June 2002
* 90th Regional Support Command Order Number 002940, dated 8 October 2002
* Headquarters, 90th Regional Support Command, Orders 02-322-00019, dated 18 November 2002
* Department of the Treasury IRS Form W-2 for 2003
* U.S. Army Human Resources Command (HRC) Retirements Points Detail, dated 23 September 2010
* HRC Information Paper for Enclosed Documents, dated 17 February 2012
* ARPC Form 249-E, dated 24 February 2012

FACTS: 

1.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the U.S. Army Reserve on 27 October 1986, establishing her anniversary year as ending 26 October of each successive year she served.

3.  She provided two IRS Forms W-2 from 1993, showing wage disbursements from Defense Finances Accounting Services.  Item 14 (Other) of both forms indicates "Active Duty Wages – None."

4.  She provided 90th Regional Support Command:

	a.  Order 053934, ordering her to annual training (AT) at Fort Polk, LA, for a period of 14 days with a reporting date not later than 0700 hours, 6 June 2002.  The order was authenticated with a certifying official's signature showing she performed duty from 8 June 2002 through 21 June 2002.

	b.  Order Number 062678, dated 16 May 2002, amended Order Number 
053934, with a new reporting date not later than 0700 hours, 8 June 2002.

	c.  Order Number 002940, dated 8 October 2002, amended Order Number 
062678, with a new reporting date not later than 0701 hours, 8 June 2002.

	d.  Order Number 053934, dated 19 April 2002, ordered her to AT at Fort Bliss, TX, for a period of 14 days with a reporting date of 0800 hours, 13 October 2002.  The order was authenticated with a certifying official's signature showing she performed duty from 13 October 2002 through 26 October 2002.

5.  She provided Headquarters, 90th Regional Support Command, Orders 
02-322-00019, dated 18 November 2002, discharging her from the U.S. Army Reserve.

6.  She provided a partial record of retirement points detail from HRC (the column listing retirement points credit for performance of AT and IDT was omitted from this document) with a breakdown of performance dates from 10 September 1994 through 7 June 2010.  The anniversary year 27 October 2001 through 26 October 2002, shows:

	a.  her performance of AT:

* 8 June through 21 June, 14 days
* 13 October through 26, 14 days

	b.  her performance of IDT:

* 5 January through 6 January, 2 days
* 6 April, 1 day
* 4 May, 1 day
* 13 May, 1 day
* 30 May, 1 day
* 2 June, 1 day
* 8 July, 1 day
* 18 July through 19 July, 2 days
* 26 July, 1 day
* 4 August through 5 August, 2 days
* 14 September through 15 September, 2 days
* 5 October, 1 day

7.  Her partial record of retirement points detail from U.S. Army HRC performance dates for anniversary year 27 October 2002 through 18 November 2002, shows no performance of AT and performance of IDT on 2 November and 3 November for 2 days.

8.  The ARPC Form 249-E shows her active duty, inactive duty, and participation points credit for anniversary years as indicated:

	a.  27 October 1999 through 26 October 2000:

* 0 active duty points
* 0 inactive duty points

	b.  27 October 2000 through 27 October 2001:

* 28 active duty points
* 33 inactive duty points

	c.  27 October 2001 through 26 October 2002:

* 13 active duty points
* 17 inactive duty points

	d.  27 October 2002 through 18 November 2002 (date of her discharge):

* 1 active duty point
* 2 inactive duty points

9.  An official record of retirement points detail from U.S. Army HRC with a breakdown of performance dates, with inactive duty points and active duty points credit by anniversary year, shows for the period:

	a.  27 October 1999 through 26 October 2000:

* no performance of any AT periods
* her performance of IDT periods and points credited:

* 6 January 1999, 2 points
* 7 January 1999, 2 points

	b.  27 October 2000 through 26 October 2001:

* no performance of AT periods
* no performance of IDT periods

	c.  27 October 2001 through 26 October 2002:

* her performance of AT periods and points credited:

* 8 June through 21 June for 14 days, 14 points
* 13 October 2002 through 26 October 2002 for 14 days, 14 points

* her performance of IDT periods and points credited:

* 1 December 2001 for 1 day, 2 points
* 5 January through 6 January 2002 for 2 days, 4 points
* 6 April 2002 for 1 day, 2 points
* 4 May 2002 for 1 day, 2 points
* 13 May 2002 for 1 day, 2 points
* 30 May 2002 for 1 day, 2 points
* 2 June 2002 for 1 day, 2 points
* 8 July 2002 for 1 day, 2 points
* 18 July 2002 through 19 July for 2 days, 3 points
* 26 July 2002 for 1 day, 2 points
* 4 August through 5 August 2002 for 2 days, 4 points
* 14 September through 15 September 2002 for 2 days, 4 points
* 5 October 2002 for 1 day, 2 points

	d.  26 October 2002 through 18 November 2002:

* no performance of any AT periods
* her performance of IDT periods and points credited:

* 2 November 2002, 2 points
* 3 November 2002, 2 points

10.  The evidence of record shows:

	a.  She earned no AT points during anniversary year 27 October 1999 through 26 October 2000.  She earned 4 inactive duty points but was not credited with any inactive duty points on her ARPC Form 249-E for the anniversary year ending 26 October 2000.

	b.  She earned no AT points and no inactive duty points for anniversary year 27 October 2000 through 26 October 2001; however, her ARPC Form 249-E shows she was credited with 28 active duty points and 33 inactive duty points respectively on her ARPC Form 249-E for the anniversary year ending 26 October 2001.

	c..  She earned 28 AT points over two periods during anniversary year 27 October 2001 through 26 October 2002, but her ARPC Form 249-E shows she was only credited with 13 active duty points.  There were 15 active duty points not credited for the anniversary year ending 26 October 2002.  For this anniversary year ending, she earned 33 inactive duty points, but was only credited with 15 inactive duty points on her ARPC Form 249-E.

	d.  She earned no AT points during anniversary year 27 October 2002 through 18 November 2002 but her ARPC Form 249-E shows she was credited with 1 active duty point for anniversary year ending 18 November 2002.  For this anniversary year ending she earned 4 Inactive duty points, but was only credited with 2 inactive duty points on her ARPC Form 249-E.

11.  A comparison between the HRC points detail breakdown and the ARPC Form 249-E shows:

	a.  for the anniversary year ending 26 October 2000, she was under-credited 4 inactive duty points.

	b.  for the anniversary year ending 26 October 2001, she was:

* over-credited 33 inactive duty points
* over-credited 28 active duty points

	c.  for the anniversary year ending 26 October 2002, she was:

* under-credited 16 inactive duty points
* under-credited 15 active duty points

	d.  for the anniversary year ending 18 November 2002, she was:

* under-credited 2 inactive duty points
* over-credited 1 active duty point

12.  The available evidence does not show retirement points earned prior to 10 September 1994.  Though she provided IRS Form W-2 for 1993, these forms show wages for the calendar year and do not provide a basis upon which to establish credit for active duty or inactive duty retirement points.

BOARD DISCUSSION:

After reviewing the application and all supporting evidence, the Board found that partial relief was warranted.  The Board found that there is supporting evidence for the 2 periods of AT during 2002 and 18 periods of IDT during 2002. However, the board found no evidence of AT during 1992. 



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:

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 approving the applicant’s request to receive promotion points for 2 periods of AT in 2002 and 18 periods of IDT in 2002.

	
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): 

Not Applicable

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 Army Board for Correction of Military Records (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 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records) sets responsibilities and procedures to establish and maintain retirement records prescribing the types of training and activities for which retirement points are authorized.  It discusses the procedures for recording retirement point credits and training.

	a.  Paragraph 1-3 (Eligibility) states only members of the Ready Reserve (other than Reserve Officers' Training Corps and Delayed Entry Control Group members) and Active Standby Reserve are authorized retirement point credit.

	b.  Paragraph 1-4c states the retirement year, once established, will not change as long as the member has continuous service in an active status in a Reserve and/or Regular Component.

	c.  Paragraph 2-4a (Criteria for Awarding Retirement Points) states personnel on active duty, active duty for training, inactive duty training, involuntary active duty for training, 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.

	d.  Paragraph 2-4a(1) (Four-Hour Rule) states personnel are awarded 1 point for each scheduled 4-hour period of IDT with a maximum of 2 points in 1 calendar day.

3.  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.


//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20160014578



7

Enclosure 2