ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 December 2019 DOCKET NUMBER: AR20170003466 APPLICANT REQUESTS: correction of his military records to reflect retirement points earned from 2 March 1974 through 1 March 1975. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Memorandum for Record: Retirement Points Statement dated 26 February 2016 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) dated 19 June 1970 * Order# 2-769 dated 15 February 1975 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) 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 that his retirement point’s statement does not accurately reflect his military service between 2 March 1974 and 1 March 1975. During this period of service he contests that his records do not reflect the weekend drills and 2 weeks of annual training that he participated in. The absence of this information pertaining to his 6th year of military service is preventing him from obtaining a Veterans Administration (VA) Home Loan. 3. A review of the applicant’s available service records reflects the following on: * 2 March 1969 – he enlisted in the Army Reserve * 5 February 1970 – he was ordered to active duty * 19 June 1970 (Order# 128) – he was released from active duty for continued service in the Army Reserve * 15 February 1975 (Order# 2-769) – he was discharged from the Army Reserve 4. DD Form 220 (Active Duty Report) dated 11 May 1974 reflects that he was on active duty from 7-20 April 1974 (14 days). This period of active duty does not appear to be captured within his chronological statement of retirement points. 5. The applicant’s military records are void of pay records or additional documents reflective of inactive duty training service performed from 2 March 1974 through 3 March 1975. 6. The applicant provides the following: * Memorandum for Record: Retirement Points Statement – reflective of the retirement points earned during his military service; void of active duty points earned during the 2 March 1974 through 1 March 1975 retirement year * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) – reflective of his active duty service from 5 February 1970 through 19 June 1970 * Order# 2-769 – reflective of his discharge from the Army Reserve 7. See all applicable guidance below under REFERENCES. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement. His record of service, his retirement points statement, the DD Form 220 reflecting 14 days of active duty and his discharge from the Army Reserve. Other than the available evidence, the Board found no pay records or additional documents reflective of inactive duty training service performed during the period requested by the applicant. The Board found that, based on the DD Form 220, there was an error in the applicant’s retirement points calculation that required correction. 2. After reviewing the application and all supporting documents, the Board found that partial relief was warranted. 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: 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 amending his Retirement Points Statement – reflective of the retirement points earned during his military service; to show additional points for a period of active duty from 7-20 April 1974 (14 days). 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 relief in excess of that stated above . 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 135-180 paragraph 2-8 (Service Creditable as Qualifying Service) states that a reservist must earn a minimum of 50 retirement points each retirement year to have that year credited as qualifying service. Only Soldiers assigned to an active status in a Reserve Component or individual’s inactive federal service are authorized to earn retirement point credits. When a person is in an active status for a period less than a full retirement year, a minimum number of retirement points are required to be earned in order to have that period credited as qualifying service. One point for each authorized participation in drills or periods of instruction which conform to the requirements prescribed by the Secretary of the Army. 3. AR 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records) paragraph 2-4 (Criteria for Awarding Retirement Points) states that personnel on Inactive Duty Training or Annual Training 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. Inactive Duty Training (IDT) are covered by one of the following rules on required duration of IDT and calendar day limitations on points. The four-hour rule entitles a Soldier to one point for each scheduled 4-hour period of IDT (maximum of 2 points in 1 calendar day). The two-hour rule entitles a Soldier to one point for each 2 hour or greater period. Two-hour aggregates of shorter periods may be used, except in the case of 2-hour unit training assemblies. Maximum of 1 point in 1 calendar day. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170003466 4 1