IN THE CASE OF: BOARD DATE: 18 February 2020 DOCKET NUMBER: AR20170006786 APPLICANT REQUESTS: Correction of his record to show retirement points for service in the Wisconsin Army National Guard (WIARNG) from June – October 1948. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) 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 he served in D Company, 32nd Division of the WIARNG. He enlisted on 21 June 1948 and received an honorable discharge in October 1948. The reason he was discharged was to enlist in the Regular Army (RA) in September 1948. He requests 15 member points, 15 points for active duty for training in July 1948, and 2 points for two meetings he attended in June and August 1948. 3. A review of the applicant’s official records show the following on: a. On 15 September 1948, the applicant enlisted in the RA for a period of 3 years. WD AGO Form 21 (Enlistment Record RA) shows the applicant had completed 3 months of service for longevity and his last enlisted service was in the Federal National Guard. He was discharged from the National Guard on 14 September 1948. b. DA Form 20 (Soldier’s Qualification Card), item 30 (Enlistment/Induction) shows he entered the RA on 15 September 1948. c. DA Form 66 (Officer Qualification Record), item 18 (Record of Assignments) shows the applicant had enlisted service from 15 September 1948 – 12 June 1953 and commissioned on 13 June 1953. He served as a commissioned officer until his transfer to the Retired Reserve. d. Retirement credits data bank master transcript confirms the data reflected on his DA Form 66. His record is void of an enlistment document for his period of service in the Federal National Guard/WIARNG. Likewise, it does not contain a drill attendance document for the periods mentioned by the applicant in his request. 4. Army Regulation (AR) 135-180 (Qualifying Service for Retired Pay Non-regular Service) in effect at the time states in paragraph 2-10 (Computation of Service) before 1 July 1948, the member will earn one point for each day of active duty, 50 points for each year of service as a Reserve Component Soldier. 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 (90 days equals 15 points). 5. Army Regulation (AR) 15-185 (ABCMR), paragraph 2-9 states 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. 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, the length of his service in the Federal National Guard/WIARNG, the entries on his DA AGO Form 20, the absence of further evidence of his attendance at annual training or drills and the policy for retirements point credit in effect at the time of his service. The Board found sufficient evidence of additional service that should be properly recorded. Based on a preponderance of evidence, the Board determined a correction to the applicant’s record was appropriate. 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 : : : 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: - Adding 5 retirement points to the applicant’s record for service in the Wisconsin Army National Guard (WIARNG) from June – October 1948. 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 3 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 3 year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. AR 135-180 (Qualifying Service for Retired Pay Non-regular Service) in effect at the time states in paragraph 2-10 (Computation of Service) before 1 July 1948, the member will earn one point for each day of active duty, 50 points for each year of service as a Reserve Component Soldier. 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 (90 days equals 15 points). 3. AR 15-185 (ABCMR), paragraph 2-9 states 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) AR20170006786 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1