ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 28 October 2019 DOCKET NUMBER: AR20170009004 APPLICANT REQUESTS: correction of her Army Reserve Personnel Center (ARPC) Form 249-2-E (Chronological Statement of Retirement Points) retirement creditable points. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * National Personnel Records Center (NPRC) Letter, dated 13 March 2017 * Standard Form 180 (Request Pertaining to Military Records) * ARPC Form 249-2-E, dated 18 February 1997 * Multiple Correspondence Course Completion Certificates * Annual Training Orders T-02-404261 ((IMA) Individual Mobilization Augmentation Annual Training), dated 1 February 1994 * DA Form 2166-7 (Noncommissioned Officer Evaluation Report (NCOER)), period covered May 1994 * Defense Finance and Accounting Service Military Leave and Earnings Statement, (DFAS LES) period covered 27 May 1994 * U.S. Army Reserve Component (USARC) Form 25-R (Test) Individual Active Duty Certificate of Performance, period from 12 May 1995 to 27 May 1995 * DA Form 1059 (Service School Academic Evaluation Report), Primary Leadership Development Course (PLDC) period covered 13 May 1995 through 27 May 1995 * DFAS LES, period covered 26 May 1995 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 her total creditable points on her record are not accurate. After 33 years of federal service with the U.S. Department of Agriculture and U.S. Army she reviewed her military record and found it in error. Her form 249-2-E needs to be corrected to show completed reserve training along with completed extension courses while on active duty and USAR. 3. The applicant provides: a. Copy of NPRC Letter, dated 13 March 2017, which states they have no authority to review and approved amendments or corrections to military records. She was referred to fill out DD Form 149 and send it to the appropriate address. b. ARPC 249-2-E, dated 18 February 1997 which shows a chronological statement of her retirement points from 12 January 1981 through 11 January 1997, it shows 16 years 1 month, and 12 days of total service and a total of 1,854 creditable points for retirement. She also writes down on the second page inactive points that are not listed (see detailed ARPC 249-2-E in packet). c. Multiple correspondence courses and certificate ranging from 1 February 1982 to 23 May 1996. Her records are void of any DA Form 1380 (Army Reserve Record of Individual Performance of Reserve Duty Training) a source document used to maintain and record the award or entitlement of retirement points. d. Orders Number T-02-404261, issued by U.S. Army Human Reserve Personnel Center, on 1 February 1994 which shows she was reporting to Annual Training-IMA for 12 days at the Reserve Component Support Building, Aurora, Colorado on 16 May 1994. e. DA Form 2166-7, for the period covered May 1994, for working IMA supervising and operating the Environmental Health Branch of a major medical center Fitzsimmons Army Medical Center (FAMC). f. Her LES, dated 27 Mary 1994, which shows she was paid for active duty training from 15 May 1994 to 27 May 1994. g. Individual Active Duty Certificate of Performance dated 27 May 1995 which certifies she completed her duty specified in Order Number T-02-503278. h. DA Form 1059, which shows she completed Primary Leadership Development Course (PLDC) from 13 May 1995 through 27 May 1995. i. Her LES dated 26 May 1995, which shows she was paid for active duty training from 12 May 1995 to 27 May 1995. 4. A review of the applicant’s service records shows: a. She enlisted in the Regular Army (RA) on 17 February 1981. She completed required training in military occupational specialty 91S (Environmental Health Specialist). b. She served in Germany from 1 September 1981 to 14 March 1985. c. Her record shows some correspondence courses ranging from 12 May 1983 to 25 January 1984 which are submitted by the applicant in her request. d. Orders Number 071-215, dated 12 March 1985, issued by Headquarters, U.S. Army Training Center and Fort Dix, shows she was relieved from active duty and transferred to USAR Control Group (Reinforcement) effective 12 March 1985. e. Her DD Form 214 (Certificate of Release or Discharge From Active Duty) shows she was honorably released from active duty. She completed 4 years and 26 days of net active service, 3 years, 6 months and 11 days foreign service and 1 month and 5 days of prior inactive service. She was awarded or authorized: * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Army Good Conduct Medal * Army Commendation Medal * Army Service Ribbon * Overseas Service Ribbon * Army Achievement Medal f. Orders Number D-05-216056, issued by USAR Personnel Center on 26 May 1992 show she was honorably discharged from the Selected Reserve effective 1 June 1992. g. Orders Number D-06-443349, issued by USAR Personnel Center on 21 June 1994 show she was honorably discharged from the USAR effective 21 June 1994. h. Orders Number D-06-839776, issued by USAR Personnel Command on 16 June 1998 show she was honorably discharged from USAR effective 16 June 1998. 5. Army Regulation 140-185 (Army Reserve - Training and Retirement Point Credits and Unit Level Strength Accounting Records), dated 3 August 2018, states: a. 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. b. Inactive duty training (IDT) will be either 4 hours in length for one retirement point or 8 hours in length for two retirement points, the completed Army Correspondence course nonresident instruction is 1 point for each 3 credit hours satisfactorily completed. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. The applicant’s contentions were carefully considered. The Board agreed she did not exhaust all of her available administrative remedies. The U.S. Army Human Resources Command (HRC) is the appropriate agency to first consider requests for the correction of retirement point statements. In this case, there is insufficient evidence confirming the applicant submitted and was denied her request to HRC. She may request relief through HRC by applying to the Commander, HRC, ATTN: Veteran Services, 1600 Spearhead Division Avenue, Fort Knox, KY, 40122 for correction of her ARPC Form 249-2-E. 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, 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 140-185 (Army Reserve - Training and Retirement Point Credits and Unit Level Strength Accounting Records), dated 3 August 2018, states: a. 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. b. Inactive duty training (IDT) will be either 4 hours in length for one retirement point or 8 hours in length for two retirement points, the completed Army Correspondence course nonresident instruction is 1 point for each 3 credit hours satisfactorily completed. b. Upon satisfactory completion of such projects, proponent agencies must complete and submit DA Form 1380 to the appropriate HRC personnel actions branch within 72 hours for the appropriate retirement point credit. All submissions older than 30 days will require a commander memorandum explaining the late submission. c. Proponent agencies are encouraged to provide their Soldiers with every opportunity to perform additional training projects "FOR RETIREMENT POINT CREDIT ONLY" in order to help them maintain their proficiency and earn sufficient retirement points (50) to earn a qualifying retirement year. 3. The types of training and activities for which retirement points are authorized: a. It discusses the procedures for recording retirement point credits and training. Retirement points are awarded for membership, active duty for training, active duty, mobilization, training, and other situations. b. Retirement points may be earned by USAR Soldiers for active duty or duty in an active status for active duty for training (ADT), initial active duty for training (IADT), involuntary active duty for training (involuntary ADT), annual training (AT), IDT, membership points, and for other activities specified in this regulation. The following types of IDT are: * Regularly scheduled unit training assembly include battle assemblies (BA) formally known as unit training assemblies * Re-scheduled training (RST) * Make-up assemblies for missed BA due to AT * Equivalent training (ET) in lieu of scheduled BA or RST * Additional training assemblies (ATA) * Two-hour funeral honor IDT * Training of individual Soldiers in non-pay status //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170009004 5 1