IN THE CASE OF: BOARD DATE: 18 September 2020 DOCKET NUMBER: AR20200001508 APPLICANT REQUESTS: Correction of his record to show adjustment of his retirement points to qualify for retired pay. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders Number 14-007-00015, dated 7 January 2014 * DA Form 5016 (Chronological Statement of Retirement Points), dated 3 June 2019 FACTS: 1. The applicant states he and his unit thought he had 20 years of service, but he only had 19 years, 8 months, and 17 days. He received orders transferring him to the Retired Reserve, a retired certificate, and flag. He has the points for retirement. 2. A review of the applicant's official records reveals a DA Form 5016 showing the following: a. The applicant was 60 years of age at the time of application. b. On or about 17 May 1979, the applicant enlisted in the Army National Guard (ARNG). c. On or about 4 February 1985, the applicant was discharged from the ARNG. During his tenure in the ARNG he accumulated 5 years, 8 months, and 19 days towards retirement. d. On or about 5 February 1985, the applicant enlisted in the Regular Army. e. On or about 1 February 1995, the applicant was discharged from the Regular Army. During his tenure in the Regular Army he accumulated 9 years, 11 months, and 28 days towards retirement. f. From on or about 2 February 1995 to on or about 18 December 2008, the applicant had a break in service. g. On or about 19 December 2008 to on or about 1 December 2010, the applicant served in the ARNG and accumulated 1 year, 11 months, and 13 days towards retirement. h. From 2 - 18 December 2010, the applicant accumulated 1 total creditable point for retirement. i. On 19 December 2010, the applicant enlisted in the U.S. Army Reserve, and served until he was transferred to the Retired Reserve accumulating 2 years towards retirement. j. DA Form 5016, shows his cumulative qualifying years for retirement as 19 years, 8 months, and 17 days. k. On 7 January 2014, Orders Number 14-007-00015, issued by Headquarters, 63rd Regional Support Command, reassigned the applicant to the Retired Reserve by reason of completing 20 or more years of service, effective on 30 January 2014. l. The applicant's records are void of any DA Forms 1380 (Record of Individual Performance of Reserve Duty Training) or correspondence course completion which would indicate any additional training completed to award him retirement points. 3. On 4 August 2020, the U.S. Army Human Resources Command, Fort Knox, KY, reviewed the applicant's records and rendered an advisory opinion in his case. After a thorough review, the Chief, Gray Area Retirements Branch opined that: a. The Gray Area Retirement Branch (GAR) has reviewed the applicant's military records and determined he has a total of 19 years, 8 months and 17 days of qualifying service. To be eligible for retired pay and retirement benefits, a Soldier must have attained 20 years of credible service. b. The applicant was transferred into the Retired Reserves by his unit for the reason of having completed 20 years of qualifying service; however, his DA Form 5016 did not reflect that he had 20 credible years. Therefore, it is the opinion of the GAR that he is not eligible for retired pay. 4. On 28 August 2020, by fax the applicant responded to the advisory opinion and provided the following: a. Orders Number 14-007-00105 previously addressed in the record of proceedings. b. DA Form 5016 previously addressed in the record of proceedings. c. Leave and earnings statement showing the applicant had 20 years of service. 5. See applicable references below. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief is warranted. 2. The Board agreed that the applicant was given bad information that led him to believe he had completed the 20 years of service required to be eligible for non-regular retired pay at age 60. The Board noted that the applicant only needed 3 months and 13 days of additional qualifying service to be eligible for retired pay. The Board also noted the applicant had several years of Reserve Component service during which he earned several points more than the 50 points required for a "good" year. The Board determined it would be appropriate to move 8 points in excess of the 50 points required for good year to his retirement year ending 18 December 2013, which will credit him with the time he needs to be eligible for retired pay at age 60 and allow him to submit his application for retired pay. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XXX :XXX :XXX 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: * transferring 8 retirement points from his retirement year ending 18 December 2012 to his retirement year ending 18 December 2013 * issuing him a notification of eligibility for retired pay at age 60 based on 20 qualifying years of service 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. Army Regulation 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records): a. Paragraph 1-7 (Service requirements for a satisfactory year of service for non- regular retirement) states a qualifying year of service for non-regular retired pay is a full year during which a RC member is credited with a minimum of 50 retirement points. b. Paragraph 2-1 (Criteria for crediting retirement points) states Soldiers are awarded 15 membership points for each year in an active status. Retirement points credited for activities other than active service or funeral honors duty may not exceed: * for any anniversary years closing before 23 September 1996: 60 retirement points * for anniversary years closing on or after 23 September 1996 but before 30 October 2000: 75 retirement points * for anniversary years closing on or after 30 October 2000 but before 30 October 2007: 90 retirement points * for anniversary years closing on or after 30 October 2007: 130 retirement points 2. Title 10, United States Code, section 1552 states the Secretary of a military department may correct any military record of the Secretary’s department when the Secretary considers it necessary to correct an error or remove an injustice. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200001508 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1