ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 August 2019 DOCKET NUMBER: AR20190005814 APPLICANT REQUESTS: * retirement points for fiscal years (FY) 1979 and 1980 * personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 67-7 (US Army Officer Evaluation Report (OER)) * Training Policy for Individual Ready Reserve (IRR) Officers FY 80 * Order to Active Duty for Training (ADT) dated 28 November 1977 * Chronological Record of Military Service * assignment orders to US Army Reserve (USAR) Reinforcement * Retirement Points Summary 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: * he is requesting retirement points for FYs 1979 and 1980 * the shortage of funds for ADT was not his fault * he requested to do the required ADT without pay but was denied * he is willing and able to do required ADT today if allowed 3. The applicant's service records contain a letter from Reserve Components Personnel and Administration Center dated 2 August 1977. The letter states: * to be eligible for retired pay he must complete a minimum of 20 creditable years of service * his records showed he completed 17 years creditable service for retirement as of 24 May 1976 * he was not eligible to receive the notification for retired pay * he would be furnished the notification for retired pay one year after he met the requirements 4. The applicant provides a letter from USAR Components Personnel and Administration Center dated 6 March 1980. The letter states: * from 1 October 1979 through 30 September 1980 all reservists would not be able to be placed on ADT tours they wanted and needed * sufficient funds to fill the needs of IRR officers, would make it impossible to put everyone on ADT tours * less than half of the members of the IRR should expect to serve on ADT * the limited tours available were distributed to management branches * branch managers would determine who would be allowed ADT and would inform the applicant if he was selected * they would continue to provide alternatives to those not selected for an ADT tour 5. The applicant's service records are void of evidence he requested to perform ADT without pay during from 1 October 1979 through 30 September 1980. It is also void of evidence he was denied the opportunity to perform ADT without pay. The applicant states he requested to perform ADT without pay. 6. The applicant's service records contain a letter from USAR Components Personnel and Administration Center dated 30 November 1983 subject Expiration of Maximum Retention Date in Active Reserve. The letter states: * under an exception authorized by Department of the Army Regulation, the applicant was retained in the Active Reserve to complete 20 years service creditable for retire pay * his records indicate he did not complete the service * his maximum retention date established by law expired * his removal from the Active Reserve was mandatory * if the applicant's records show he accrued a minimum of 50 retirement points during retirement years 1982 and 1983, he should submit documentation of proof * the applicant could elect to be transferred to the Retired Reserve or be discharged * if he transferred to the Retired Reserve, he would retain his commission * if he elected to be discharged, it would constitute a complete separation from military status 7. The applicant's service records are void of, and the applicant did not provide, evidence of the election he made. 8. The applicant provides the following documents for the Board's consideration: * an OER showing his rater and indorser rated him as outstanding and recommended he be promoted ahead of his contemporaries * Orders T-11-24385 dated 17 November 1977 ordering him to ADT for 19 days starting 28 November 1977 * a Chronological Record of Military Service dated 21 July 1977 showing he had 17 years towards retirement and 18 years, 1 month, and 26 days for longevity pay purposes * Orders 43-57 dated 1 March 1977 assigning him to USAR Control Group (Reinforcement) effective 13 March 1977 * Retirement Points Accounting Summary dated 17 February 1999 showing he had 15 total points from 25 May 1979 through 30 January 1984 9. The applicant's service records contain Orders Number D-01-900108 dated 16 January 1984 honorably discharging him from the USAR Ready Reserves effective 29 January 1984. 10. 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. 11. 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: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his USAR service record, his statement of retirement points, the letter from the USAR Components Personnel and Administration Center dated 30 November 1983 showing he was retained to completed sufficient service for retirement and the absence of information showing that he did. The Board found no evidence of creditable service for the time periods the applicant requested and the applicant provided none. Based on the preponderance of evidence, the Board determined that there was insufficient evidence to grant the applicant’s requested relief; there was no error or injustice requiring correction. 2. The applicant's request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 3. After reviewing the application and all supporting documents, the Board found that relief was not warranted. 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. Administrative Note(s): N/A 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. ABCMR Record of Proceedings (cont) AR20190005814 2 1