ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 September 2019 DOCKET NUMBER: AR20180015217 APPLICANT REQUESTS: * credit for 6 years of service in the Army National Guard * personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * self-authored letter * discharge certificates * DD Form 214 (Certificate of Release or Discharge from Active Duty) * NGB Form 22 (Report of Separation and Record of Service) * Army National Guard (ARNG) Retirement Credits Record 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: * regarding his time served he thought the time served in the ARNG of six years was full time service and was completed as agreed upon * when his time came to be discharged, he was unaware early releases were being granted at that time * had this been explained to him, he would have proudly served his remaining time or longer to fulfill his time as a National Guardsman * he has always been a person who completes what he started * he would appreciate very much if the time was reinstated in his service record * he was young and naive and did not ask all the correct questions at the time to know better * he regrets his decision 3. The applicant's service records contain: * an NGB Form 22 which shows he was discharged on 22 June 1983 because of his Expiration Term of Service * he completed 3 years of service in the ARNG * his DD Form 4/1 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows he enlisted in the ARNG on 23 June 1980 for a period of 3 years 4. The applicant provides the following documents for the Board's consideration: * an honorable discharge certificate from the Illinois ARNG dated 22 June 1983 * an honorable discharge certificate from the Illinois ARNG dated 15 April 1986 * a DD Form 214 discharging him from Active Duty on 13 February 1981 after completing 4 months and 19 days of service * an NGB Form 22 discharging him from the Illinois ARNG effective 15 April 1986 after completing 1 year of service * his ARNG Retirement Credits Record showing he was in the ARNG from 16 April 1985 - 15 April 1986 5. The applicant's service records are void of evidence he was in the ARNG after 22 June 1983. There are not documents within his record to show he was in the service after June 1983. 6. 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. 7. Army Regulation 15-185 (ABCMR) states an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. BOARD DISCUSSION: The evidence presented does not demonstrate the existence of a probable error or injustice pertaining to the applicant's request for additional service years to be added to his record; the applicant did not serve for three additional years and there is no basis to credit him with years of service that he simply did not serve. Based on a preponderance of evidence, the Board found no error or injustice. 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. 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, 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 15-185 (ABCMR), the regulation under which this Board operations, provides that ABCMR members will review all applications that are properly brought before them to determine the existence of an error or injustice, and to direct or recommend changes in military records to correct the error or injustice, if persuaded that a material error or injustice exists and that sufficient evidence exists on the record. The ABCMR will decide cases on the evidence of record; it is not an investigative body. The ABCMR may, in its discretion, hold a hearing. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 3. 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. //NOTHING FOLLOWS//