IN THE CASE OF:  

		BOARD DATE:  21 January 2020

		DOCKET NUMBER:  AR20170007591


APPLICANT REQUESTS:  correction of his military pay records to reflect service in the 
Army Reserve from 5 March 1985 to 9 September 1986.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Memorandum for Record: Retirement Points 
*	Army Reserve Retirement Credit Card 
*	National Personnel Records Center letter
*	DD Form 4 (Enlistment Document) 
*	Order# 
*	Leave and Earnings Statements
*	Department of the Navy Board for Correction of Naval Records letter 

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code, section 1552(b); however, the 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 pay records do not reflect service in the Army Reserve 
from 5 March 1985 through 9 September 1986 when he transferred into the Navy.  The 
absence of this information in his pay records is impacting his retirement pay.  He 
attempted to resolve the issue previously, but was advised that he needed to wait 30 
years to pursue this correction.  

3.  A review of the applicant’s available service records indicates the following on: 

*	5 March 1985 – he enlisted in the Army Reserve for 8 years 
*	6 October 1986 (Order#– he was discharged from the Army Reserve for 
immediate enlistment in the Navy Reserve effective 9 September 1986


4.  The applicant provides the following: 

*	Memorandum for Record: Retirement Points dated 28 June 2010 – reflective of 
111 points earned from 5 March 1985 through 4 March 1986 and 57 points 
earned from 5 March 1986 through 9 September 1986; total points earned 168 = 
2 qualifying years towards retirement
*	Army Reserve Retirement Credit Cards covering the period from 5 March 1985 
through 5 March 1986 – reflective of 111 points earned  
*	National Personnel Records Center letter dated 6 December 2016 – reflective of 
their response to an inquiry concerning issuance of a DD Form 214 (Certificate of 
Transfer or Release from Active Duty); denied due to period of active duty was 
less than 90 days – verification of service was however provided 
*	DD Form 4 (Enlistment Document) dated 5 March 1985 – reflective of his 
enlistment in the Army Reserve for 8 years
*	Order# 181-28 dated 6 October 1986 – reflective of his discharge from the Army 
Reserve for immediate enlistment in the Navy Reserve effective                                     
9 September 1986
*	Leave and Earnings Statements covering the period from March 1985 through 
September 1986
*	Department of the Navy Board for Correction of Naval Records letter dated                   
27 March 2017 – requesting administrative correction of his records 

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.

6.  AR 135-180 (Retirement for Non-Regular Service) states that the Human Resources 
Command (HRC) will update the DA Form 5016 for USAR Soldiers annually at the end 
of their AY and place it into their on-line record at http://www.hrc.army.mil for their 
review.  Soldiers will review their retirement point statement annually and provide 
supporting documents to correct any deficiencies through their chain of command to 
HRC in accordance with AR 140–185.  When local records available in Reserve units or 
in the Soldier’s military records do not conclusively establish the Soldier’s creditable 
service and completion of 20 years qualifying service, or mandatory removal from active 
status, other than through elimination action or age, is imminent; commanders will 
request DA Form 1506 (Statement of Service for Computation of Length of Service for 
Pay Purposes) to verify the doubtful period(s).  Discharged Soldiers with no military 
service obligation will receive an updated DA Form 5016 if a request is received with 
supporting documents and an account is already established in the Retirement Point 
Accounting System.


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 enlistment in and discharge from the Army Reserve, Leave and Earnings 
statements, a retirement points MFR and Army Reserve Retirement Credit Cards for the 
period in question and the memorandum form the BCMR.   Based on a preponderance 
of evidence, the Board determined that the absence of the applicant’s USAR service in 
his pay records was in error and a correction was appropriate. 

2.  After reviewing the application and all supporting documents, the Board found that 
relief was warranted.



BOARD VOTE:

Mbr 1	Mbr 2	Mbr 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:

	- amending the applicant’s military pay records to reflect service in the Army 
Reserve from 5 March 1986 through 9 September 1986;
	- adjusting his military retirement pay effective the date of the start of retired pay 
as a result of this change, and;
	- pay him any back pay due him as a result of this correction.
 


		  
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, United States 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 ABCMR to excuse an applicant's 
failure to timely file within the 3 year statute of limitations if the Army Board for 
Correction of Military Records (ABCMR) determines it would be in the interest of justice 
to do so.

2.  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.

3.  AR 135-180 (Retirement for Non-Regular Service) states that the Human Resources 
Command (HRC) will update the DA Form 5016 for USAR Soldiers annually at the end 
of their AY and place it into their on-line record at http://www.hrc.army.mil for their 
review. Soldiers will review their retirement point statement annually and provide 
supporting documents to correct any deficiencies through their chain of command to 
HRC.  When local records available in Reserve units or in the Soldier’s military records 
do not conclusively establish the Soldier’s creditable service and completion of 20 years 
qualifying service, or mandatory removal from active status, other than through 
elimination action or age, is imminent; commanders will request DA Form 1506 
(Statement of Service for Computation of Length of Service for Pay Purposes) to verify 
the doubtful period(s).  Discharged Soldiers with no military service obligation will 
receive an updated DA Form 5016 if a request is received with supporting documents 
and an account is already established in the Retirement Point Accounting System.



//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20170007591


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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