IN THE CASE OF: BOARD DATE: 10 July 2020 DOCKET NUMBER: AR20180013732 APPLICANT REQUESTS: issuance of a 20 Year Letter for a non-regular retirement. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: a. DD Form 149 (Application for Correction of Military Record) b. Enlistment/Reenlistment/Extension Documents: * DD Form 4 (Enlistment Contract – Armed Forces of the United States), dated 12 October 1965 * XXI Corps Form 230 (Statement of Acknowledgement of Understanding of Service Requirements), dated 12 October 1965 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 30 November 1966 * XXI Corps Form 379 (Orientation Statement of Reserve Agreement Understanding), dated 4 November 1967 * DD Form 4, dated 11 October 1971 * DA Form 2496 (Disposition Form – Reserve Component Enlistment and Assignment Priorities, Procedures and Reports), dated 17 October 1972 * DD Form 4, dated 10 October 1972 * DA Form 3540 (Certificate and Acknowledgement of Service Requirements for Individuals Enlisting or Reenlisting in the United States Army Reserve (USAR)), dated 10 October 1972 * DD Form 4, dated 10 October 1973 * DA Form 3540, dated 10 October 1973 * Extension of Enlistment, dated 7 March 1976 * DA Form 873 (Certificate of Clearance and/or Security Determination), dated 6 March 1977 * DD Form 4, dated 4 October 1977 * DA Form 3540, dated 4 October 1977 * 1AA Form 156 (Oath of Extension of Enlistment), dated 7 October 1978 * 1AA Form 156, dated 16 September 1979 * DD Form 4, dated 4 October 1980 * DA Form 3540, dated 4 October 1980 * DA Form 2-1 (Personnel Qualification Record – Part II), dated 26 September 1982 c. Orders: * Letter Orders B-(RC) 07-1725 (active duty for training orders), dated 25 July 1966 * Special Orders Number 3 (promotion order), dated 3 March 1971 * Reassignment orders, dated 4 April 1971 * Reserve Letter Order Number S-04-193 (active duty for training and/or annual training), dated 19 April 1973 * Orders 16-3 (discharge orders), dated 4 October 1980 * Orders 32-222 (annual training orders), dated 16 March 1982 * Orders 56-103 (reassignment orders), dated 28 April 1982 * Orders 65-201 (annual training orders), dated 21 May 1982 * Orders 65-201 (school attendance orders), dated 27 May 1982 * Orders 91-69 (voluntary assignment to USAR Control Group), dated 17 May 1983 * Orders D-11-047231 (discharge orders), dated 25 November 1983 d. Evaluations: * USAREC Form 10 (Enlisted Evaluation Data Report), dated 7 July 1972 * DA Form 2166-3A (Senior Enlisted Evaluation Report), dated 16 September 1981 * Senior Enlisted Evaluation Report, dated 12 December 1970 * EPEEC Form 10 (MOS Evaluation Data Report), dated 12 December 1970 e. Training and Awards: * DA Form 2496, dated 10 April 1977 * Letter of Appreciation, dated 7 June 1975 * Letter of Appreciation, dated 18 October 1977 * DA Form 2496, dated 12 March 1978 * Certificate of Training, dated 12 August 1978 * DA Form 1059 (Service School Academic Evaluation Report), dated 28 August 1981 * Advanced Course for Reserve Component Noncommissioned Officers Graduate, dated 23 January 1981 * Certificate of Training, dated 25 January 1981 * Certificate of Training, dated 28 August 1981 * DA Form 2496, dated 17 October 1981 * Award of the Army Reserve Components Achievement Medal, dated 15 December 1979 * DA Form 2496, dated 25 August 1981 * Memorandum, subject: Award of the Army Service Ribbon, dated 1 September 1982 * Certificate of Appreciation to the applicant’s family, dated 1986 f. Retirement Points: * Army Reserve Retirement Points, dated November 1969 * DARP 249 (Statement of Retirement Points), dated 1 April 1982 * DA Form 1380 (Record of Individual Performance of Reserve Duty Training), dated 26 May 1982 * Entries Correct for all Unit Assignments or Attachment during Retirement Year, dated 25 June 1982 * Army Reserve Retirement Points, dated 11 October 1982 g. Medical and Other Records * Standard Form 89 (Report of Medical History), dated 23 July 1965 * DA Form 2658 (Health Record – Abstract of Service), dated 8 August 1966 * Standard Form 600 (Health Record), dated 11 August 1966 * Standard Form 601 (Immunization Record), dated 17 August 1966 * Standard Form 603 (Health Record), dated 30 August 1966 * Standard Form 88 (Report of Medical Examination), dated 15 November 1966 * Standard Form 89, dated 15 November 1966 * DA Form 664 (Serviceman’s Statement Concerning Application for Compensation from the Veterans Administration), dated 28 November 1966 * DA Form 2658, dated 7 October 1966 * Standard Form 93 (Report of Medical History), dated 8 November 1977 * Standard Form 88, dated 8 November 1977 * VA Form 29-8286 (Servicemen’s Group Life Insurance Election), dated 7 October 1978 * DA Form 428 (Application for Identification Card), dated 11 April 1981 h. Records Requests and Congressional Inquiries: * Search Request, dated 10 September 1991 * Search Request, dated 12 June 1992 * In House Request, dated 1 March 1993 * Release Request Form from applicant to Congressional office, dated 7 February 2018 * SF 180 (Request Pertaining to Military Records), dated 20 September 2018 * DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States), dated 20 September 2018 * Congressional Letter to the National Personnel Records Center reference applicant’s request for assistance, dated 18 October 2018 * Fax with 11 attachments, dated 18 October 2018 * Army Review Boards Agency response to congressman reference inquiry on AR20180013732, dated 5 November 2018 * Army Review Boards Agency response to applicant reference his inquiry on AR20180013732, dated 5 November 2018 * National Personnel Records Center memo to the Congressional office, dated 5 November 2018 * Letter from Congressional Office to applicant, dated 26 December 2018 * Constituent Services Department the Geezer Squad, reference applicant inquiry, with a Privacy Release Form and Fax Cover, dated 22 May 2019 * Email from Congressman Liaison office reference applicant inquiry, dated 29 May 2019 * Army Review Boards Agency response to Senator’s Inquiry HQDA20190529CJ8SBX, dated 30 May 2019 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 wants issuance of a 20 Year Letter. He states he is unable to locate his records for the last two years of military service after being transferred to the USAR Control Group in St Louis, MO. The applicant states he took correspondence courses that should have qualified him for enough retirement points to give him a 20 Year Letter and qualify him for retirement benefits. He states he was unable to attend meetings because of employment obligations for the remaining time to get his 20 years, and somehow no records are available. The paperwork he received from the Army states the reason for transfer. He was told at the time he had 19½ years and did not qualify for retirement. The applicant found no reason to stop with just 6 months to go. Recently he had a friend who recommended he contact a Congressman’s office to help find his records. After months of waiting, the Congressman’s office was able to provide records that showed his Reserve time up to 1983 and the transfer to Army Reserve Control Group. There are no records after dates shown for the remaining time taking correspondence courses. He states the Certificate of Appreciation presented to his family in 1986 is evidence he completed 20 years. 3. A review of the applicant’s official records show: a. In September 1945, the applicant was born. b. On 12 October 1965: (1) the applicant enlisted in the USAR for a period of 6 years. (2) In connection with his enlistment, he agreed to a military obligation of 6 years. He also agreed to enter active duty for training for a period of 27 weeks within 120 days of the enlistment date. He also agreed to attend 48 scheduled drills each year. c. On 23 January 1981, the applicant received a Certificate of Training for successfully completing the Advanced Noncommissioned Officers Course. This course was held at the 2073rd US Army Reserve School located in Pittsburgh, PA from 18 October 1980 to 25 January 1981. d. On 17 May 1983, the applicant received orders from First Army, Ft Meade, MD. Orders 91-69 with an effective date of 1 May 1983, reassigning him to the USAR Control Group (Reinforcement) from the 2073d USAR School for voluntary reasons. e. On 30 December 1983, he was honorably discharged from the USAR in the rank of staff sergeant/E-6. f. In September 2005 he turned 60 years old g. His total time credited towards retirement is eighteen years, one month and fifteen days based on his initial enlistment document and final discharge order. 4. The applicant’s record is void of documentation of him completing correspondence courses. These can include course certificate of completion or Army Training Requirements and Resources System (ATTRS)/Transcript History Report Unofficial (ATTRS) transcript and DA Form 87 (Certificate of Training) with hours and dates (proof of correspondence or extension courses). 5. The applicant provides his military records. a. Enlistment/Reenlistment Documents Contracts Term of Service Current enlistment extended/date extended ETS Reason/Rank Total Inactive Service DD Fm 4 6 years 12 October 1965 11 October 1971 Enlistment/E1 DD Fm 4 1 year 11 October 1971 10 October 1972 Enlistment/E6 6 yrs, 0 mos, 0 days DD Fm 4 1 year 10 October 1972/ 9 October 1973 Enlistment/E6 6 yrs, 11 mos, 27 days DD Fm 4 1 year 10 October 1973/ 9 October 1974 Enlistment/E6 7 yrs, 11 mos, 27 days DD Fm 4 3 years 7 October 1973/7 March 1976/ 9 October 1976 Extension DD Fm 4 1 year 4 October 1977/3 October 1977 3 October 1978 Reenlistment/E6 12 yrs, 0 mos, 0 days lAA Form 156 1 year 4 October 1977/7 October 1978 3 October 1979 Awaiting promotion/E6 13 yrs, 0 mos, 0 days lAA Form 156 1 year 4 October 1979/16 September 1979 3 October 1980 Awaiting promotion/E6 14 yrs, 0 mos, 0 days DD Fm 4 3 year 4 October 1980 3 October 1983 Reenlistment/ E6 15 years, 0 mos, 0 days b. The applicant’s Enlistment/Reenlistment Document was missing for 3 October 1976 to 4 October 1977. c. On 17 May 1983, Orders Number 91-69 released the applicant from his USAR unit and transferred him to the USAR Control Group (Reinforcement) with an effective date of 1 May 1983. d. On 25 November 1983, the applicant received Discharge Order D-11-04231 with an effective date of 30 December 1983. He was honorably discharged from the Army Reserve. Under additional instructions on his orders, it states the applicant no longer has military status and, therefore, his records will not be maintained by the USAR Personnel and Administration Center. e. The applicant received a Certificate of Appreciation presented to his family for his service to the country in 1986, three years after discharge from the USAR. f. On 10 September 1991, the applicant requested assistance in obtaining his military records to validate his military service. The Service Request Form was sent to various units for validation. The following was received: Nature of Request Dates Involved Organization Dates Assigned or Attached Retirement points active/inactive 12 October 1967 thru 1 April 1977 307th Military Police Company, New Kensington, Pennsylvania (PA) 12 October 1967 thru 1 April 1977 Retirement points active/inactive 2 April 1977 thru 11 October 1981 Co C 458th Engineer Battalion, New Kensington, PA 2 April 1977 thru 11 October 1981 Retirement points active/inactive 12 October 1982 thru 1 May 1983 2073 United States Army Reserve School, Pittsburgh, PA 12 October 1982 thru 1 May 1983 g. A retirement point credit card is not available for military service prior to 12 October 1967. h. On 18 October 2018, the Congressman’s office contacted the National Personnel Records Center for assistance in obtaining documents on the applicant. i. On 5 November 2018, the National Personnel Records Center contacted the Congressman’s office and stated they had no authority to review and approve amendments or corrections to military records. The National Personnel Records Center stated the Review Boards of the military service departments are responsible for this action. j. On 23 May 2019, the applicant faxed documents to the Congressman to show that he had been in the military with a final Certificate of Appreciation dated 1986 from a Major General. The document dated 1986 was mailed to the family of the service member three years after the applicant was discharged from the Army Reserve. 6. See regulatory guidance below. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found the requested relief is not warranted. 2. The Board noted that the applicant enlisted in the USAR in October 1965 and was honorably discharged in December 1983, approximately 22 months before he would have reached the 20-year mark of his career. The Board noted that to be eligible for non-regular retirement, a Soldier must complete 20 years of service and earn 50 points in each of those years. By a preponderance of the evidence, the Board determined the applicant did not complete the service required to be eligible for non-regular retired pay at age 60. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : 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 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. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)). The ABCMR considers individual applications that are properly brought before it. In appropriate cases, it directs or recommends correction of military records to remove an error or injustice. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. The ABCMR will decide cases on the evidence of record. It is not an investigative body. 3. AR 135-180 (Qualifying Service for Retired Pay Non-regular Service) in effect at the time states in paragraph 2-4. Statements of service and retirement point credits states Area commanders and CG, ARPERCEN will furnish statements of service and retirement point credits when requested by Ready Reserve soldiers under their jurisdiction. After 30 June 1949: a. a reservist must earn a minimum of 50 retirement points each retirement year to have that year credited as qualifying service. b. Only soldiers assigned to an active status in a reserve component services are authorized to earn retirement points. Upon receipt of a DD Form 108 (Application for Retired Pay Benefits), a computation to determine the number of years of qualifying service, years for percentage purposes, and years for basic pay purposes will be made by the CG, ARPERCEN. c. Generally, service begins on the date of enlistment or induction for enlisted personnel. In determining the years for percentage purposes, credit: * One point for each day of active duty. * Fifteen points for each year of membership in an active status in a Reserve Component. * One point for each authorized participation in drills or periods of instruction which conform to the requirements prescribed by the Secretary of the Army. * Not more than 60 points per year, including membership points, will be credited for inactive duty training in any one retirement year. . 4. Army Regulation 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records), Soldier can be awarded one point for each 3 credit hours satisfactorily completed while in the Individual Ready Reserve (IRR). 5. Department of the Army - Pamphlet 351-20 – Army Correspondence Course Program Catalog explains policies and procedures for enrolling in Army correspondence courses. It lists all correspondence courses developed and administered by the Army and certain other government agencies. Once meeting eligibility requirements, enrollments can be done through Army Institute for Professional Development (AIPD) website or through the Army Training Requirements and Resources System (ATRRS). Transcripts and copies of records to verify completed sub courses and courses are available upon request. It further states under: a. Paragraph 1-23 Retirement Points: - IAW per AR 140-1 and AR 140-185 unit of measure used to determine retirement eligibility for Reserve Component and National Guard personnel. One retirement point is earned for every 3-credit hours of correspondence study completed. b. Paragraph 1-26 Course completion notice states a course completion notice (ATSC Form 157) is issued to the student upon completion of a course. (Even though you may complete all the individual sub-courses that make up a course, you must be enrolled in the course itself to receive a course completion notice). c. Paragraph 1-27 Certificate of Completion states an A1PD Certificate of Completion is mailed to students upon completion of most courses. d. Paragraph 1-28 Diplomas – a diploma is issued upon completion of certain correspondence courses. The proponent school or agency designates courses for which a diploma is awarded. 5. AR 140-10 (Assignments, Attachments, Details and Transfers) Chapter Section II, Number 8 USAR Control Groups (Reinforcement) states assignment to a USAR Control Group (Reinforcement) is authorized for any reservist not subject to the mandatory training requirements, unless they sign a contractual agreement requiring further participation in Reserve activities or otherwise volunteer for assignment to a unit. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180013732 8 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1