ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS I BOARD DATE: 23 April 2109 DOCKET NUMBER: AR20170000435 APPLICANT REQUESTS: credit for National Guard Drills from 7 July 2013 through 10 August 2014. APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * self-authored letters * letter from Defense Finance and Accounting Service (DFAS) * attendance records * emails regarding overpayment * leave and earnings statement (LES) * orders to active duty * revocation of orders to active duty * NGB Form 22 (Report of Separation and Record of Service) FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552 (b); however, the Army Board for Correction of Military Records 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 was ordered to active duty in support of Operation Enduring Freedom * he was pulled from deployment but continued to receive active duty pay * he did not receive revocation orders * three years later the orders became an issue * he drove to his old unit and requested a copy of the revocation * the revocation orders were not created until April 2015 almost 2 years after being pulled from deployment * he believes the error was because administration dropped the ball and forgot to change his status back to inactive * the revocation orders state he was attached to 114th Transportation Company * he drilled with 746th Transportation Company once a month from July of 2013 to June of 2014 * he was honorably discharged from 114th Transportation Company on 16 June 2014 * he asks the Board to correct his status for this time period and credit his record for the year he drilled with 746th Transportation Company attached to 114th Transportation Company to offset the debt he owes * he has had contact with the California National Guard Headquarters and a member of his old unit and has been told the drill logs from 7 July 2013 through 10 August 2014 are unobtainable * he understands the date of discovery of this is past the three year deadline, but believes the Board should find it in their interest to consider his application * this was strictly an administrative error * he does not believe he was at fault because he tried correcting the situation immediately by contacting his readiness noncommissioned officer * nothing was ever resolved * he is still trying to correct the situation years later and is told the drill logs he needs and are required to be kept for 5 years, are unavailable * he honorably served his entire 6 year contract and it is neither right nor fair that he did not get credit for his last year of drilling due to administration dropping the ball and not returning his status back to inactive * he thanks the Board for their time and cooperation in solving this matter once and for all 3. The applicant provides Orders 178-377 dated 27 June 2013 ordering him to active duty on 7 July 2013 for a period not to exceed 400 days. Those orders were revoked on 9 April 2015 by Orders 099-434. 4. The applicant provides emails to his unit personnel regarding being overpaid in an amount that would equal active duty pay. The email was dated 4 October 2013. The Unit Clerk requested a copy of his leave and earnings statement to help identify the problem. The LES he provided shows he is being paid for active duty from 1 to 15 October 2013. 5. The applicant provides attendance records showing his status at unit battle assemblies from June 2013 through September 2014. During those times the attendance codes for his performance were B, P, and C. 6. National Guard Regulation 680-1 (Personnel Assets Attendance and Accounting) contains Army policy states in Table C-2 attendance codes for personnel, * B - Attached to another unit * C - Constructive attendance authorized * P - Present 7. There is no evidence he was paid for the battle assemblies. The applicant was discharged from the Army National Guard on 16 June 2014. His orders discharging him were dated 19 May 2015. His NGB Form 22 does not have a date listed for when it was signed. 8. An email from DFAS states the applicant had an original debt of $45,170.27 for the period of 1 April 2013 through 10 August 2014 due to nonperformance. A review of the master pay account shows the applicant was paid for these periods; however his unit reported the periods were not performed. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is sufficient evidence to grant partial relief. The applicant’s contentions were carefully considered. He was ordered to Active duty, the orders were revoked, and he was paid for Active duty service. He later received a debt for being paid IAW the Active duty orders. The Board agreed although he did not perform Active duty service during the contested time period, evidence shows he should have received credit for drills 7 July 2013 through 10 August 2014. The applicant should receive payment for this time and these payments should be subtracted from his debt. BOARD VOTE: Member 1 Member 2 Member 3 : X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : 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 performed National Guard Drills from 7 July 2013 through 10 August 2014, and was authorized pay for that period. 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): N/A 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. National Guard Regulation 680-1 (Personnel Assets Attendance and Accounting) contains Army policy for attendance and accounting of personnel during unit battle training assemblies. Table C-2 contains the attendance codes for personnel. They are as follows: * A - Excused absence approved by the commander or designated representative * B - Attached to another unit * C - Constructive attendance authorized * E - Authorized to perform rescheduled training period (RSTP) prior to or on the day of the unit's regularly scheduled training period * H - Hospitalized or incapacitated in line of duty * K - Absent and authorized to perform RSTP on or after the date of unit training * M - Under arrest by civil authorities * N - Present for retirement points only * P - Present * S - Equivalent training period authorized * T - On initial Active Duty for Training * U - Unexcused absence or unsatisfactory performance 3. Army Regulation 140-185 (Training and Retirement Point Credits and Unit Level strength Accounting Records) contains Army policy for USAR training and retirement point credit and guidance for unit level strength accounting. It provide a qualifying year of service for non-regular retired pay is a full year during which a Reserve component member is credited with a minimum of 50 retirement points. Except as otherwise provided by law, an accumulation of 20 such years is one requirement necessary to qualify for non-regular retired pay. ABCMR Record of Proceedings (cont) AR20170000435 3