IN THE CASE OF:  

		BOARD DATE:  21 January 2020

		DOCKET NUMBER:  AR20170008796


APPLICANT REQUESTS: Correction of his record to show retirement points for 
12 September 1979 to 25 January 1980.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	National Guard Bureau (NGB) Form 22 (Report of Separation and Record of 
	Service), dated 26 November 1987
*	U.S. Army Human Resources Command (HRC) portal page

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 on 12 September 1979, he reported to Fort Jackson, SC for 
basic training, and then proceeded to Fort Sam Houston, TX for Advanced Individual 
Training (AIT).  When he completed AIT, he reported to his U.S. Army Reserve unit in 
New Orleans, LA, and on 25 January 1980, he joined the Regular Army.

3.  A review of the applicant’s official records failed to reveal his initial DD Form 4 
(Enlistment/Reenlistment Document Armed Forces of the United States); however, the 
following documents were available for review:

	a.  DA Form 2-1 (Personnel Qualification Record), section 7 (Current and Previous 
Assignments), item 35 (Record of Assignments) shows on or about                         
12 September 1979 to on or about 24 January 1980, the applicant was in the Delayed 
Entry Program (DEP) and not on active duty.

	b.  Army National Guard (ARNG) retirement points history statement showing a 
military membership status identifier code of E5 (DEP) from on or about                         
12 September 1979 to on or about 24 January 1980, and verification status B (service 
not verified).

	c.  On 25 January 1980, the applicant enlisted in the Regular Army and served in 
various positions.

	d.  On 19 January 1983, the applicant was honorably released from active duty by 
reason of expiration term of service.  He completed 2 years, 11 months, and 5 days of 
net active service, with 3 months and 8 days of prior active service.

	e.  The applicant’s official records are void of a DD Form 214 (Certificate of Release 
or Discharge from Active Duty) for the period of service in question.

4.  The applicant provides

*	NGB Form 22 showing the applicant was discharged from the ARNG and item 12 
(Military Education) shows Academy of Health Sciences, Fort Sam Houston 
(8 weeks) 1979
   *	HRC military portal page showing the applicant’s date of initial entry as                                               
     2 January 1980 

5.  Army Regulation (AR) 135-180 (Qualifying Service for Retired Pay Non-regular 
Service) in effect at the time states in:

	a.  Paragraph 2-8 (Service Creditable as Qualifying Service) after 30 June 1949, a 
Reservist must earn a minimum of 50 retirement points each retirement year to have 
that year credited as qualifying service.  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.

	b.  Paragraph 2-10 (Computation of Service) after 30 June 1949, the member will 
earn one point for each day of active duty, 15 points for each year of membership, not 
to exceed 60 points per year.  Active duty means full time duty in the active military 
service of the United States and includes active duty as a Reservist ordered to active 
duty for training.

6.  AR 15-185 (ABMCR) 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 to include time in the DEP, his enlistment in the Regular Army, the absence of a 
DD Form 214 and the items on the available NGB Form 22.  The Board found 
insufficient evidence of show retirement points for 12 September 1979 to 25 January 
1980.  Based on a preponderance of evidence, the Board determined that the absence 
of the additional retirement points that the applicant requests is not in error or unjust.

2.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.



BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:X	:X	:X	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or 
injustice.  Therefore, the Board determined the overall merits of this case are insufficient 
as a basis for correction of the records of the individual concerned.

 


		  
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.  AR 135-180 (Qualifying Service for Retired Pay Non-regular Service) in effect at the 
time states in:

	a.  Paragraph 2-8 (Service Creditable as Qualifying Service) after 30 June 1949, a 
Reservist must earn a minimum of 50 retirement points each retirement year to have 
that year credited as qualifying service.  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.

	b.  Paragraph 2-10 (Computation of Service) after 30 June 1949, the member will 
earn one point for each day of active duty, 15 points for each year of membership, not 
to exceed 60 points per year.  Active duty means full time duty in the active military 
service of the United States and includes active duty as a Reservist ordered to active 
duty for training.

3.  AR 15-185 (ABMCR) 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)	 AR20170008796


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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