ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 27 July 2020 DOCKET NUMBER: AR20170011698 APPLICANT REQUESTS: * Correction to his retirement points to show all of his years of service APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * enlistment contract (1978) * Reserve Officers' Training Corps (ROTC) contract * Statement of Retirement Points (2008) * letter from United States Marine Corps (USMC) regarding service points (2009) * dates applicant was in the Marine Corps * application from 2010 which was resubmitted in 2017 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. Code, section 1552 (b); however, the Army Board for Correction of Military Records 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 has been attempting to get points for all of his years of service * the most current AHRC Form 249 (Chronological Statement of Retirement Points), dated 1 May 2009, shows a break in service from 8 September 1977 to 19 January 1980 * he joined the USMC Reserve (USMC) when he left the USMC in 1977 * he had to sign a new reenlistment agreement with the Army on 6 March 1978 * he was paid a monthly check for participating in class in lieu of weekend reserves * he is not sure how the points are counted for this time, but he was under an enlistment agreement * he received his commission in 1980 and was paid monthly by the ROTC agreement * he attended active duty training (ADT) at Fort Lewis for 4 weeks * he was at Fort Campbell, Kentucky, for 2 weeks on ADT * he's been trying to get this straight since 2002 3. The applicant provides the following documents for the Board's consideration: * a DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States) showing he enlisted in the U.S. Army Reserve (USAR) on 6 March 1978 for a period of 4 years as a cadet * a DA Form 597 (Army Senior ROTC Student Contract) dated 6 March 1978 * a Chronological Statement of Retirement Points, dated 1 May 2008 showing he had a break in service from 8 September 1977 through 18 January 1980 * a letter from Headquarters, USMC, dated 26 May 2009, stating they provide a certified accounting of the retirement points the applicant earned during his tenure with the USMCR * a Reserve Retirement Master Control Card, dated 26 May 2009 showing: * he received 1 year of service for each year from 16 January 1968 through 15 January 1978 * he received 15 points per year from 16 January 1978 through 15 January 1980 * he had a total of 3,558 points * he was honorably discharged from the US Marine Corps Reserve on 15 January 1980 * a DD Form 149 from 21 January 2010 which was resubmitted on 9 March 2017 4. The applicant's service record documents the following: * on 7 September 1977 he was honorably discharged from the USMC. The DD Form 214 (Certificate of Release or Discharge from Active Duty) issued at that time does not show he was transferred to the USMCR. * on 19 January 1980, he took the oath of office as a Reserve commissioned officer in the Army of the United States (see DA Form 71 (Oath of Office - Military Personnel)) * from 8 September 1977 through 18 January 1980 he had a break in service (see Chronological Statements of Retirement Points, dated 11 October 1987, 18 January 2007, 1 May 2008, and 7 May 2010) * effective 19 August 1995, he was honorably discharged from the USAR (see Orders D-08-573363, published by US Army Reserve Personnel Center, dated 29 August 1995) 5. The applicant states he joined the USMCR in 1977. His service record is void of an enlistment contract for this period of USMCR service. 6. He provides a certified Reserve Retirement Master Control Card, dated 26 May 2009, which shows he received 10 membership points during the period 16 January 1977 to 15 January 1978 and 15 membership points per year from 16 January 1978 through 15 January 1980. a. This certified document shows no break in his USMC/USMCR service from the date of his original enlistment through the date of his honorable discharge from the USMCR on 15 January 1980, indicating he did enlist in the USMCR effective 8 September 1977, the day after his discharge from the USMC. b. His USMCR service should have terminated upon enlistment in the USAR as a cadet on 6 March 1978, but was not terminated until he was honorably discharged on 15 January 1980. c. The 40 USMCR membership points for the period 8 September 1977 to 15 January 1980 are not shown on the latest Chronological Statement of Retirement Points, dated 7 May 2010, which only shows a break in service from 8 September 1977 to 18 January 1980. d. Time served as an ROTC cadet is not creditable toward retirement. As such the Army record shows a break in service from the date of his USMC discharge to the date he was commissioned. This is contradicted by the Reserve Retirement Master Control Card certified by the USMC. 7. The applicant’s record is void of documentation confirming he served periods of ADT at Fort Lewis or Fort Campbell. 8. Army Regulation 140-185 (Training and Retirement Point Credits and Unit Level strength Accounting Records) contains Army policy for USAR training and retirement point credit and guidance for unit level strength accounting. It provides 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. 9. U.S. Code 12732. Entitlement to retired pay: computation of years of service states for each one-year period, after July 1, 1949, in which the person has been credited with at least 50 points on the following basis: (A) One point for each day of— (i) active service; or (ii) full-time service under sections 316, 502, 503, 504, and 505 of title 32 while performing annual training duty or while attending a prescribed course of instruction at a school designated as a service school by law or by the Secretary concerned; if that service conformed to required standards and qualifications. (B) One point for each attendance at a drill or period of equivalent instruction that was prescribed for that year by the Secretary concerned and conformed to the requirements prescribed by law, including attendance under section 502 of title 32. (C) Points at the rate of 15 a year for membership— (i) in a reserve component of an armed force, (ii) in the Army or the Air Force without component, or (iii) in any other category covered by subsection (a)(1) except a regular component. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found partial relief is warranted. 2. The Board accepted the Reserve Retirement Master Control Card he provided as sufficient evidence of his enlistment in the USMCR and agreed the applicant should receive credit for his USMCR service from 9 September 1977 (the day after he left active duty in the USMC) through 5 March 1978 (the day before he enlisted in the USAR as a cadet). Because his time as a cadet was not creditable for retirement, the Board agreed he should not have received membership points for that period. By a preponderance of evidence, the Board determined the applicant should receive prorated retirement points for the period 9 September 1977 through 5 March 1978. 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 to show he received prorated membership points for his U.S. Marine Corps Reserve service from 9 September 1977 through 5 March 1978. 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 any relief in excess of that described 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, U.S. 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 Army Board for Correction of Military Records (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. Army Regulation 140-185 (Training and Retirement Point Credits and Unit Level strength Accounting Records) contains Army policy for USAR training and retirement point credit and guidance for unit level strength accounting. It provide 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. 3. U.S. Code 12732. Entitlement to retired pay: computation of years of service states for each one-year period, after July 1, 1949, in which the person has been credited with at least 50 points on the following basis: (A) One point for each day of— (i) active service; or (ii) full-time service under sections 316, 502, 503, 504, and 505 of title 32 while performing annual training duty or while attending a prescribed course of instruction at a school designated as a service school by law or by the Secretary concerned; if that service conformed to required standards and qualifications. (B) One point for each attendance at a drill or period of equivalent instruction that was prescribed for that year by the Secretary concerned and conformed to the requirements prescribed by law, including attendance under section 502 of title 32. (C) Points at the rate of 15 a year for membership— (i) in a reserve component of an armed force, (ii) in the Army or the Air Force without component, or (iii) in any other category covered by subsection (a)(1) except a regular component. ABCMR Record of Proceedings (cont) AR20170011698 5 1