ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 24 July 2019 DOCKET NUMBER: AR20170015955 APPLICANT REQUESTS: her airborne school be credited as active service time and/or active duty time. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * Online DD Form 149 (Application for Correction of Military Record) * Orders for parachutist badge 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 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 airborne school is not credited on her retirement points. a. During her DA Form 1506 (Statement of Service for Computation of Length of Service for Pay Purposes), retirement point calculation, she discovered the points were omitted for her airborne school. The civilian conducting the 1506 was ML at the Fort Knox, KY inprocessing center. She made several attempts thru the Defense Finance and Accounting Service (DFAS) to request the time be credited, but they failed to respond. b. Army Regulation (AR) 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records – Army Reserve), paragraph 1-6 (Eligibility) retirement point credit is authorized for Reserve Officer Training Corps (ROTC)/Simultaneous Membership Program (SMP), Delayed Entry Program (DEP) Soldiers, Regular Retirement (RR) Soldiers in an active status, and active Standby Reserve Soldiers. c. She was an ROTC cadet when she attended and graduated airborne school. Her school orders are active duty for training school (ADTS) and are credible for retirement points in the military pay system. d. She was not an SMP cadet until after she graduated airborne school. AR 140-185 has a / (slash); forward slash [ROTC/SMP] under paragraph 1-6a (3). The slash is a symbol that represents the word OR. The word AND is not used in the regulation. She is being denied credit because she was not SMP until one month later, however, this is not what the regulation states. e. She is running into civilians who interpret this regulation to their own personal biased wants and beliefs. She is requesting credit for this unaccredited time for active retirement points. Airborne is a school and school orders for a reserve Soldier, like herself, were under ADTS orders and by the military pay system, they are Active Credible Retirement Points. 3. The applicant provided, permanent orders 244-3023, dated 1 September 2005, published by Headquarters, United States Army Infantry School, Fort Benning, GA, that shows she was awarded the Parachutist Badge for her successful completion of airborne training. 4. A review of the applicant’s service record shows in part: a. On 29 August 2005, the applicant signed her: * DA Form 597-3 (Army Senior Reserve Officers Training Corps (ROTC) Scholarship Cadet Contract) * CC Form 203-R (Guaranteed Reserve Forces Duty Scholarship Cadet Contract Endorsement) b. On 1 September 2005, she was awarded the parachutist badge for her successful completion of airborne training, orders 244-3023. c. On 6 May 2007, she was discharged from ROTC to accept a commission in the U.S. Armed Forces. d. On 7 May 2007, she was appointed as a reserve commissioned officer in the rank of second lieutenant (2LT). e. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she was honorably released from active duty for training on 19 February 2009. She completed 1 year, 4 months and 19 days of active service. f. On 18 September 2009, Orders R-09-986691, published by the U. S. Army Human Resources Command (HRC), St. Louis, MO., show she was ordered to active duty in an active guard/reserve (AGR) status in the rank of first lieutenant (1LT) for a period of three years. g. On 26 July 2011, Orders B-07-105292, published by the U. S. Army Human Resources Command (HRC), Fort Knox, KY., show she was promoted to the rank of captain (CPT) with an effective date of 1 August 2011. h. On 17 July 2017, Orders C-07-795937, published by the U. S. Army Human Resources Command (HRC), Fort Knox, KY., show she was released from active duty with assignment the United states Army Control Group (Reinforcement) with an effective date of 10 September 2017. i. On 29 August 2017, Orders A-08-701876, published by the U. S. Army Human Resources Command (HRC), Fort Knox, KY., show she was ordered to active duty in the grade of chief warrant two (CW2) to fulfill an active duty requirement in a voluntary indefinite status for a minimum of three years, effective 12 September 2017. j. On 30 August 2017, Orders 817-242-RE30-9, published by the U. S. Army Human Resources Command (HRC), Fort Knox, KY., show she was appointed in the Regular Army in the grade of CW2. k. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she was honorably released from active duty for training on 10 September 2017. She completed 7 years, 11 months and 13 days of active service. l. On 11 September 2017, she was appointed as a reserve warrant officer in the grade of CW2. m. On 12 September 2017, she was appointed an officer of the Army of the United states in the grade of CW2. n. On 7 February 2018, DA Form 1506 (Statement of Service for Computation of Length of Service for Pay Purposes), shows the following initial entries for her service: * USAR (Cadet) (Inactive), enlisted 29 August 2005 to 28 September 2005 * ROTC/SMP (Inactive), enlisted 29 September 2005 to 6 May 2007 * USAR (Inactive), commissioned 7 May 2005 to 4 August 2007 o. On 15 February 2018, the Army Board for the Correction of Military Records (ABCMR) reviewed the applicant's request for removal of documents identified as, DA Form 2306 (U. S. Army Reserve (USAR) Active Guard and Reserve (AGR) End of Tour Report) from her files. The ABCM denied her request. p. On 19 June 2018, DA Form 5016 (Chronological Statement of Retirement Points) shows she was enlisted with an ROTC status/component during the period from 29 August 2005 to 2 October 2005, and in ROTC/SMP from 3 October 2005 to 2 October 2006. 5. On 11 July 2018, the Army Review Board Agency (ARBA) requested an advisory opinion from U. S. Army Human Resources Command (HRC) regarding the applicant’s request for her credit and retirement points for attending the Airborne School as active service or active duty time. HRC provided an opinion on 13 August 2018: 1) HRC was unable to grant administrative relief in regard to the applicant’s request to add retirement points and active duty service time for attending Airborne School from 19 August 2005 to 9 September 2005. In order to receive points under the reserve system the member must have been in an active status. 2) DFAS verified the applicant was not in a drilling pay status from August 2005 to October 2005. The applicant signed her ROTC contract on 29 August 2005 and her ROTC/SMP contract on 3 October 2005, and therefore was not an active member of the ROTC/SMP program until 3 October 2005. 3) ROTC and ROTC/SMP are two distinct programs, therefore AR 140-185 paragraph 1-6 does not apply, and Airborne School cannot be credited. 7. On 17 August 2018, ARBA forwarded the advisory opinion to the applicant for acknowledgment and/or response. The applicant did not respond. 8. By regulation, AR 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records – Army Reserve) provides Army policy for USAR training and retirement points. The credit of retirement points is authorized for eligible ROTC/SMP members in an active status. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was not warranted. The applicant’s contentions and the advisory opinion were carefully considered. The applicant was not in an active reserve status when attending Airborne School. Many attended Airborne School in the same manner as her, and regulatory guidance does not authorize ROTC personnel service credit for attending the course. Based upon regulatory guidance, the Board agreed there was no error or injustice in this case. 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 Army Board for Correction of Military Records (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. AR 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records – Army Reserve) provides for USAR training and retirement points. a. Paragraph 1-6 states retirement point credit is authorized for: * reserve component (RC) in active service ready reserve (RR) * RC in an active status as defined in 10 USC 10141 which includes members in a delayed entry program (DEP) established by 10 USC 513 * ROTC/SMP, DEP Soldiers, RR Soldiers in an active status and active standby reserve Soldiers * voluntary and involuntary inactive-duty training (IDT) * members of RC in a retired status, other than members who have retired from active service, or members transferred to the retired reserve under the conditions described in Title 10 USC 12734, who are ordered to perform active duty in accordance with 10 USC 12741 b. Paragraph 3-5 states the DA Form 5016 (Chronological Statement of Retirement Points) is issued annually and upon correction to the record. Soldiers and units are required to review and update the form annually. 3. Department of Defense Instruction (DoDI) (Service Credit for Reserve Retirement) provides the policy that uniform procedures be used to manage all regular and reserve duty of service members for crediting and accounting of non-regular retirement. Paragraph 6.3 (Eligibility for Retirement Point Credit for Non-Regular Retirement) states members in the following categories are eligible for retirement point credit: a. a regular or reserve component in active service. b. a reserve component in an active status as defined in 10 U.S.C. 10141 (reference (c)). This includes service in a Delayed Entry Program established by 10 U.S.C. 513 (reference (c)). This service is credited toward non-regular retirement since it is service in an active status as a member of the Ready Reserve. c. a reserve component in a retired status, other than members who have retired from active service, or members transferred to the Retired Reserve under the conditions described in 10 U.S.C. 12734 (reference (c)), who are ordered to perform active duty, may be credited with active or inactive duty service. d. a reserve component in an inactive status under 10 USC 10152 may not be credited with service for retirement per 10 U.S.C. 12734(a) (reference (c)). Individuals who have completed the service requirement for retired pay and are not 60 years old may be transferred to an inactive status, but may not receive retirement point credit in that status. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170015955 5 1