ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 September 2020 DOCKET NUMBER: AR20180007131 APPLICANT REQUESTS: Correction of his record to show 72 retirement points for 1983 and 68 retirement points for 1984. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Certificate of Training, dated 10 August 1973 * Honorable Discharge Certificate, dated 13 October 1977 * Leave and Earnings Statements (LES) dated January 1983 – December 1984 * Army Achievement Medal Certificate, dated 21 October 1985 * Advanced Noncommissioned Officer (NCO) Course for Reserve Components Certificate, dated 1 June 1986 * Certificate of Completion, dated 22-23 August 1986 * DARP Form 249-1-R (Request for Correction of Chronological Statement of Retirement Points for U.S. Army Reserve (USAR) Troop Program Unit Soldiers), dated 11 March 1991 * Certificates of Achievement, dated 20 July 1990 and 15 August 1992 * Retired Reserve Certificate, dated 25 January 1994 * DA Form 638 (Recommendation for Award), dated 12 April 1995 * Army Commendation Medal Certificate, dated 8 June 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 the years 1983 and 1984 indicate he was only given 15 retirement points for each year. 1983 should reflect 72 creditable retirement points and 1984 should reflect 68 creditable retirement points. 3. A review of the applicant’s official records show the following on: a. On 28 October 1964, having had prior enlisted service in the Regular Army, the applicant enlisted in the USAR and served in various positions. b. DARP Form 249-2-E and DA Form 5016 (Chronological Statement of Retirement Points) shows between 14 October 1983 – 13 October 1984 and 14 October 1984 – 13 October 1985, the applicant only received 15 member points for each year. c. On 24 January 1994, Orders Number 13-5, issued by Headquarters, 76th Division, reassigned the applicant to the Retired Reserve. 4. The applicant provides: * Certificate of Training showing the applicant completed the Drill Sergeant Course * Honorable Discharge Certificate showing the applicant was honorably discharged from the Army * LESs showing the applicant’s monthly attendance at unit training * Army Achievement Medal Certificate awarded to the applicant for serving as the NCO in charge of the claymore mine committee * Advanced NCO Course for Reserve Components completion certificate showing the applicant’s completion of the course * Certificate of Completion for the front line retention leadership program * DARP Form 249-1 showing a chronological history of drill attendance with 72 creditable points being credited for 14 October 1983 – 13 October 1984 and 68 creditable points being credited for 14 October 1984 – 13 October 1985, the form is endorsed by a unit official and the applicant * Certificates of Achievement presented to the applicant * Retired Reserve Certificate presented to the applicant for honorable service * DA Form 638 recommending the applicant for the Army Commendation Medal * Army Commendation Medal Certificate presented to the applicant for superior performance 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) 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. 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, the points recorded on the DARP Form 249-2-E and DA Form 5016, the LESs he provided, the record of drill attendance on the DARP Form 249-1 and his honorable discharge and assignment to the Retired Reserve. The Board found sufficient evidence to show that the applicant should be credited with additional creditable points for the years 1983-1984 and 1984-1985, as he requests. Based on a preponderance of evidence, the Board determined that the applicant’s record of creditable points was in error and required correction. 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 DA Form 5016 (Chronological Statement of Retirement Points) as follows: - For the year 14 October 1983 – 13 October 1984: 72 creditable points, and; - For the year 14 October 1984 – 13 October 1985: 68 creditable points. X CHAIRPERSON 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 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 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) 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. //NOTHING FOLLOWS//