ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 10 December 2019 DOCKET NUMBER: AR20180008762 APPLICANT REQUESTS: issuance of a retirement points statement for his period of service from 21 March 1969 to 20 March 1975. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 4 (Enlistment/Reenlistment – Armed Forces of the United States) * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * Annual or Terminal Statement of Retirement Points 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: a. He is requesting the inclusion of documentation of service and retirement points subsequent to his release from active duty (basic and advanced individual training) noted on his DD Form 214. His DD Form 214 indicates a remaining service obligation through 20 March 1975, for which he received a DD Form 256A (Honorable Discharge Certificate). He has not received documentation of active duty training (ADT) or participation in Army reserve meetings (Multiple Unit Training Assembly 4, etc.,) or complete retirement points. He needs a document showing his earned retirement points for his full period of service from 20 March 1969 [sic 21 March 1969] through 20 March 1975. b. His DD Form 256A clearly implies his satisfactory completion of his 6-year service obligation. The apparent error in the records he received (not noting his full service and earned retirement points) unjustly deprives him of the ability to receive a Certificate of Eligibility (or other relevant documents) for a Department of Veterans Affairs associated reduced interest rate home mortgage loan that he has earned as a qualified veteran. He discovered the error after he requested his records in October 2017. He would like to obtain an identification card that shows his veteran status. 3. The applicant provided his: * DD Form 4, showing he enlisted in the U. S. Army Reserve (USAR) on 21 March 1969, for 6 years * DD Form 214, for the period from 20 January to 30 May 1970 * Annual or Terminal Statement of Retirement Points, for the inclusive date of 21 March 1969 to 20 March 1970 4. Review of the applicant’s service records show: a. He enlisted in the USAR on 21 March 1969, for 6 years. b. He was ordered to active duty training (ACDUTRA) and entered on 20 January 1970. He completed training and was awarded military occupational specialty 45H (Artillery Repairman Apprentice). c. He was honorably released from active duty on 30 May 1970. His DD Form 214 shows he completed 4 months of active service this period. This form also shows in: * Item 16 (Terminate Date of Reserve/UMT&S Obligation) – 20 March 1975 * Item 30 (Remarks) – the entry “Item 11a (Type of Transfer or Discharge): Released from active duty and returned to the USAR to complete a remaining service obligation of 4 years and 10 months” d. His DA Form 20, Item 38 (Record of Assignments) contains the following information: * Trainee (USAR-Ready) from 21 March to 20 July 1969 * Active Duty Training (ADT) (15 days) from 31 December 1969 * Ordered to ACDUTRA) 19 weeks on 30 Januarys 1970 * Basic Combat Training on 9 February 1970 * Release from ACDUTRA-Return to Reserve unit of assignment on 30 May 1970 * ADT on 31 December 1970 * ADT 13 days on 4 July 1971 * USAR-Ready on 16 July 1971 * ADT 13 days on 31 December 1971 * USAR-Ready from 15 March to 29 July 1972 * ADT 13 days on 31 December 1972 * ADT 13 days on 3 June 1973 * USAR-Ready from 15 June 1973 to 15 June 1974 d. Letter Orders Number 4-1961, issued by Headquarters, First U.S. Army, Fort Meade, MD on 22 April 1975, announced his honorable discharge from the USAR, by reason of expiration of term of service, effective 20 March 1975. The orders also stated the issuance of a DD Form 256A. e. He reached age 60 in December 2006. f. A review of the Soldier Management System, located on the U.S. Army Human Resources Command Integrated Web Service failed to indicate an ARPC Form 249-E (Chronological Statement of Retirement Points) and/or DA Form 5016 (Chronological Statement of Retirement Points) for the applicant. 5. The statutory military service obligation (MSO) is incurred on a Soldier's initial entry into the Armed Forces whether by induction, enlistment, or appointment. Soldiers who enlisted prior to June 1, 1984 incurred a 6–year statutory MSO. A Soldier earns 15 membership points per one full Anniversary Year. 6. By Army Regulation (AR) 135-180 (Qualifying Service for Retired Pay Non- Regular Service), in order to qualify for non-regular retirement, a member must have attained age 60 and completed a minimum of 20 years of qualifying service. A Soldier must earn a minimum of 50 retirement points each retirement year to have that year credited as qualifying service. 7. By regulation (AR 635-5), the DD Form 214 is a record of continuous active service. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. Board members noted there is insufficient evidence exists to show exactly how many retirement points he earned during the contested period (March 1969 to March 1975). If the applicant can provide sufficient documents such as unit training assemblies, multiple unit training assemblies, extension courses, orders to annual training, monthly drills, leave and earnings statements, or contemporaneous verification from his unit administrator that confirm performance of active or inactive duty, he may reapply to this Board for reconsideration. 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. 12/23/2019 X CHAIRPERSON Signed by: 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 135-180 (Qualifying Service for Retired Pay Non-Regular Service) implements statutory authorities governing the granting of "retired pay" to Soldiers and former Reserve Components (RC) Soldiers. Chapter 2 provides eligibility criteria and states, in pertinent part, that in order to qualify for non-regular retirement, a member must have attained age 60 and completed a minimum of 20 years of qualifying service. Paragraph 2-8 defines qualifying service and states, in pertinent part, that an RC Soldier must earn a minimum of 50 retirement points each retirement year to have that year credited as qualifying service.