ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS I BOARD DATE: 4 April 2019 DOCKET NUMBER: AR20160014877 APPLICANT REQUESTS: in effect, to have his service records corrected to reflect 26 years of qualifying service vice 25 years. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Individual Ready Reserve (IRR) Handbook as of June 2011 * screenshot of U.S. Army Human Resources Command (HRC) website, Earning Retirement Points * Email correspondence with HRC FACTS: 1. The applicant states, in effect: a. He is a USAR officer who completed his 30th year of service in the USAR on 16 May 2016. To fulfill his 26th good year by his last available retirement year ending (RYE) of 16 May 2016, he submitted a request for credit of authorized correspondence courses (108 hours for a total of 36 retirement points) on 13 May 2016. b. On 6 July 2016, he was informed via email by the Deputy Director of the Officer Personnel Management Directorate (OPMD), HRC, that effective 15 April 2016, correspondence courses were no longer being accepted due to a change in AR (Army Regulation) 104-185 [sic – AR 140-185]. As a result, he was left short of 14 retirement points required for obtaining a good year due to not being awarded those points earned between the date of the policy change on 15 April 2016 and the submission of the course credit request on 13 May 2016 (only 28 days later and prior to his RYE date). d. Because of the retirement pay multiple difference between 25 and 26 good years of service, the loss of not obtaining 26 years is estimated to about $125 a month. The net impact is an estimated loss of $37,000 over the life of his retirement. e. To the best of his knowledge, the change in policy with regards to the award of correspondence points for USAR retirement credit was not announced to IRR members in advance of the policy change. He never received any notice from HRC to this effect by mail, e-mail, or any other means. A human resource assistant at HRC admitted to him, that he was not aware there was any prior notice given out about the upcoming change to awarding points for correspondence courses. f. Additionally, the screen capture he provides from the HRC website still errantly showed on 1 August 2016 (3 1/2 months after the policy change), that correspondence course points at that time were still being awarded for retirement credit. Furthermore, as of 3 August 2016, the IRR Handbook downloaded from the HRC website continued to reflect that correspondence courses are still one of the means by which IRR soldiers can accrue retirement points for a good year. g. Had he received any advance notification of the impending policy change, he could and would have easily ensured that the additional 14 retirement points were accrued by 15 April 2016 rather than his RYE. 3. The applicant provides: a. Orientation Handbook for IRR Soldiers, dated as of June 2011, which he states was linked on the HRC website at the time of his request. * page 2 of the handbook explains what the IRR is and includes obtaining additional points through correspondence courses as an option to achieve a “good retirement year”. * page 6 includes in bold font the words, “You can drill or complete correspondence courses for retirement points” with a detailed explanation on correspondence courses b. A print-out of the HRC webpage on 1 August 2016 regarding earning retirement points, https://www.hrc.army.mil/site/reserve/soldierservices/retirement/ earningpoints.htm. The screenshot shows correspondence courses as a means to obtaining retirement points. c. An email from the Deputy Director, OPMD, which states the following: * with the regulation change being effective immediately on 15 April 2016, HRC is unable to add the points the applicant earned by completing a correspondence course * the only recourse for the applicant is petitioning the Board and it is his opinion that he will have a strong case * he will ask both the Chief of Leader Development and Army Reserve Officer Division to see how the change in the regulation was communicated to make Reserve Component (RC) officers aware of the change 4. On 17 May 1986, the applicant was appointed as a Reserve commissioned officer. 5. On 18 June 2009, HRC, St. Louis, MO, issued him a Notification of Eligibility for Retired Pay at Age 50 (20-Year Letter). This letter notified him of the completion of required service and eligibility for retired pay upon application at age 60. 6. On 4 March 2013, the applicant transferred to the USAR Control Group (Reinforcement) and any drill after this effective date of the orders are for points only. 7. On 1 June 2016, Orders Number C-01-600913 issued by HRC, Fort Knox, KY, reassigned him to the retired reserve. 8. The applicant’s service record contains a DA From 5016 (Chronological Statement of Retirement Points), dated 25 March 2019, showing he was credited a total of 25 years of service qualifying for retirement. It also shows that from 17 May 2015 to 16 May 2016 he obtained 21 extension course points and 15 membership points, for a total of creditable 36 points for retirement. 10. Prior to changes on 15 March 2016, Army Regulation (AR) 140-185 (Training and Retirement Point Credits and Records) stated in paragraph 5-8 (Army correspondence course) that RC members who cannot take part in reserve duty training may enroll in Army correspondence courses. Retirement points will be credited at the rate of one for each 3-credit hours of nonresident instruction successfully completed. 11. The regulation changed effective 15 April 2016 to delete awarding retirement points for correspondence courses. This was replaced with awarding pay and retirement points for approved electronic-based distributed learning courses to members of the Selective Reserve (Troop Program Unit (TPU)). Retirement point credit is not authorized for members of the RC in an inactive status under Title 10, U.S. Code (USC), section 10152. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is sufficient evidence to grant relief. The applicant’s contentions were carefully considered. Two Board members agreed he was not informed correspondence course were no longer accepted to obtain creditable service, and he should be provided relief. The dissenting member disagreed finding the government did not err as a message with disseminated notifying all Reserve Components of the change. Based upon the majority vote, the Board agreed to provide relief by adding an additional year to his service credit. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X : :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : :X : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 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 showing he completed 26 years of credible service for retirement. 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. Army Regulation (AR) 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records) sets responsibilities and procedures to establish and maintain retirement records prescribing which retirement points are authorized. It discusses the procedures for recording retirement points credit and training. a. The policy in effect prior to 15 March 2016 stated in paragraph 3-32, that members of the USAR who cannot take part in Reserve duty training, or wish to augment this training, may enroll in Army correspondence courses. * Chapter 5 included that Retirement points will be credited at the rate of one for each 3-credit hours of nonresident instruction successfully completed * Correspondence courses, when used by a unit as part of an IDT training schedule, will not be credited to the individual for retirement point credit * IDT pay is not authorized for correspondence courses * personnel enrolled in a military school course, including correspondence courses, at the time they are transferred from the Ready Reserve to the Standby Reserve Inactive Status List may continue in the course until completed * they will be credited with completion * they will not be entitled to pay and allowances, including travel and transportation allowances, nor will they be entitled to earn promotion and retirement points 2. As of 15 April 2016, approved electronic-based distributed learning (EBDL) courses will be awarded to members of the SELRES (TPU). Subject to available funding, and as pre-approved, Soldiers may earn one retirement point and be paid for one IDT for every 8 hours of distance learning completed. a. Personnel on active duty, ADT, IADT, involuntary ADT, or AT are awarded one 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. * Inactive duty services types are— * readiness management assembly - Soldiers may not perform more than one readiness management assembly (RMA) per calendar day, or more than 24 RMAs per fiscal year. * additional flight training period. See AR 140–1 for eligibility. * additional training assemblies. Soldiers may not perform more than 12 ATAs per fiscal year. * battle assemblies/rescheduled training - Soldiers may not perform more than 48 BAs per fiscal year, and must perform RST within 60 days of the missed BA * Equivalent training. Soldiers may not make up more than four ETs per fiscal year * funeral honors duty - one retirement point will be credited for each day in which funeral honors duty is performed * four-hour rule - Soldiers earn one point for each scheduled 4 hour period of IDT at BA, RST, ET, or ATA * two-hour rule - Soldiers earn one point for each IDT period per day for funeral honors duty with a maximum of one point per calendar day * four/eight-hour rule - Soldiers earn one point for each 4 hour or greater period. Award of a second point in the same day requires additional hours to bring the day’s total to a minimum of 8 hours. Maximum of two points in 1 calendar day * eight-hour rule -approved electronic-based distributed learning (EBDL) courses will be awarded to members of the SELRES (TPU) (Subject to available funding, and as pre-approved, Soldiers may earn one retirement point and be paid for one IDT for every 8 hours of distance learning completed) b. Retirement point credit is not authorized for members of the RC in an inactive status under 10 USC 10152 pursuant to 10 USC 12734(a). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160014877 3