IN THE CASE OF: BOARD DATE: 28 June 2021 DOCKET NUMBER: AR20200008983 APPLICANT REQUESTS: correction of her record to increase her total points in the U.S. Army Reserve (USAR) for the year beginning on 14 May 2004 to 13 May 2005, to show an increase from 40 to 50 points or more for a credible year for military service. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Personal Statement, undated * DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 7 February 2002 * DA Form 5016 (Chronological Statement of Retirement Points), prepared on 2 June 2020 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, U.S. 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 during the year from 14 May 2004 to 13 May 2005, an unnecessary lapse of service occurred resulting in a non-creditable year of service. She believes this to be no fault of her own as every attempt was made to continue active drilling despite transferring Reserve units. 3. The applicant's official records show: a. On 13 May 2000, she enlisted in the U.S. Army Reserve (USAR). b. DA Form 2166-8 (Noncommissioned Officer Evaluation Report) for the period June 2003 through May 2004, shows she was attached to the 405th Combat Support Hospital (CSH) in West Hartford, CT. c. On 13 May 2008, Orders Number D-05-81XXXX, issued by the U.S. Army Human Resources Command, St. Louis, MO, shows she was honorably discharged from the USAR. d. There are no documents in her official records to show she was attached to any other unit than the 405th CSH during the period she is requesting points for. 4. The applicant provides: a. A personal statement that states: (1) "In July 2004, after graduation from college, I moved from CT to CA to begin a new job. Prior to this move, I discussed and was approved to transfer Reserve units from the 405th CSH in West Hartford, CT to the 352nd CSH in Oakland, CA. I left CT with reassignment orders. (2) Upon arrival in CA, I made frequent attempts to begin in-processing and active drilling with the 352nd CSH. Despite monthly attempts to contact the unit, including phone calls and in person visits, it was several months before I was able to begin drilling due to a delay in paperwork processing. My credible points for said service year were 40. (3) I did not think much of this as a 23-year-old Soldier, moving to a new location. However, I now realize, upon recently learning that I am 10 points away from the 6-year requirement to be recognized as a Veteran, the devastating impact this lapse in service had on my future. (4) I am asking for consideration and review of these circumstances. As you can see by my records, I spent 1.5 years as an active duty Soldier for the purpose of advanced Individual training. I did not miss drill weekends with the exception of my move from CT to CA. I served during wartime and received orders to deploy while serving at the 2290th CSH in Washington, DC. Despite not actually deploying, that event had a lasting impact on my life. I truly believe I have earned the designation of "Veteran" and ask you to kindly review this case." b. DD Form 214 for the period ending on 7 February 2002, shows in: * Item 12a (Date Entered AD This Period): "16 November 2000" * Item 12b (Separation Date This Period): "7 February 2002" * Item 12c (Net Active Service This Period): "1 year, 2 months, and 22 days" * Item 12e (Total Prior Inactive Service): "6 months and 3 days" * Item 23 (Type of Separation): "Release from Active Duty Training (ADT)" * Item 24 (Character of Service): "Honorable" * Item 28 (Narrative Reason for Separation): "Completion of Period of ADT" c. DA Form 5016, prepared on 2 June 2020, shows from the period of 14 May 2004 to 13 May 2005, she received: * 11 points for Inactive Duty * 15 points for Membership * 14 points for Active Duty * 40 points for Total Points Credible d. DA Form 5016, dated 2 June 2020 shows she completed 5 qualifying years of service towards non-regular retirement. A breakdown of her retirement points by anniversary year: BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was warranted. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and regulatory guidance. Based on the documentation available for review, the Board accepted the applicant's statement that during the anniversary year 14 May 2004 to 13 May 2005, an unnecessary lapse of service occurred resulting in a non-creditable year of service and that such gap was of no fault of hers as she made every attempt to continue active drilling despite transferring Reserve units. Although there is no error or injustice, the Board determined that there is no harm if retirement points are re-allocated from one anniversary year of more than 50 retirement points to the anniversary year being contested. BOARD VOTE: Mbr 1 Mbr 2 NoMbr :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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: * redistributing 10 of the applicant's excess retirement points from anniversary year 20030514-20040512 to anniversary year 20040514-20050512 * providing the applicant with an updated DA Form 5016 that reflects completion of 6 qualifying years of service towards non-regular retirement 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 (AR) 135-80 (Qualifying Service for Retired Pay Non-Regular Service) states in: a. Chapter 2-8 (Service Creditable as Qualifying Service), after 30 June 1949, a reservist must earn a minimum of 50 retirement points each retirement year to have that year credited as qualifying service. Only soldiers assigned to an active status in a Reserve Component or individuals inactive Federal service are authorized to earn retirement point credits. When a person is in an active status for a period less than a full retirement year, a minimum number of retirement points are required to be earned in order to have that period credited as qualifying service. AR 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records) contain tables which specify the number of points required for this purpose, and detailed information concerning establishment of the retirement year and the crediting, recording, and earning of retirement points. b. Chapter 2-10b (Computation of Service) 50 points for each year of service as a Reserve Component Soldier as shown in paragraph 2-8 other than active duty. A proportionate part of 50 points for any fraction of a year will be credited. 3. AR 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records) states in: a. Paragraph 2-1 (Crediting and Awarding of Retirement Points) the limitations on the number of points that may be credited to a Soldier during an anniversary year are— * Maximum—365 (366 during leap year) points * No more than one retirement point may be awarded for any day in which the Soldier is on active duty; a Soldier in active service may not receive retirement points for other activities performed concurrently * Retirement points credited for activities other than active service or funeral honors duty may not exceed— (1) For any anniversary years closing before 23 September 1996: 60 retirement points. (2) For anniversary years closing on or after 23 September 1996, but before 30 October 2000: 75 retirement points. (3) For anniversary years closing on or after 30 October 2000, but before 30 October 2007: 90 retirement points. (4) For anniversary years closing on or after 30 October 2007: 130 retirement points. b. Inactive duty training (IDT) will be either 4 hours in length for one retirement point or 8 hours in length for two retirement points, with the exception of the 2-hour IDT funeral honors duty. c. Membership—Soldiers are awarded 15 membership points for each year in an active status. d. Paragraph 2-2 (Criteria for earning retirement points). Retirement points may be earned by USAR Soldiers for active duty or duty in an active status for ADT, initial active duty for training (IADT), involuntary ADT, voluntary IDT, annual training (AT), IDT, membership points, and for other activities specified in this regulation. * Regularly scheduled unit training assembly include battle assemblies (BA) formally known as unit training assemblies * Re-scheduled training (RST) * Make-up assemblies for missed BA due to AT * Equivalent training (ET) in lieu of scheduled BA or RST * Additional training assemblies (ATA) * Two-hour funeral honor IDT * Training of individual Soldiers in non-pay status //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200008983 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1