IN THE CASE OF: BOARD DATE: 21 October 2021 DOCKET NUMBER: AR20210005475 APPLICANT REQUESTS: correction of her retirement points to show the following: * Transfer of 41 of 62 retirement points from anniversary year 24 March 2011 to anniversary year 24 March 2006 * Transfer of 21 retirement points from anniversary year 24 March 2011 to anniversary year 24 March 2007 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 5016 (Chronological Statement of Retirement Points) FACTS: 1. The applicant states upon her expiration term of service from active duty, she was not made aware of the 50-point requirement needed to earn a satisfactory year. It was not until her reenlistment contract in 2009 that she was counseled on the requirement to attain 50 points annually to have a "good" year. However, she was not counseled or advised regarding a possible point shortage caused by transitioning to the U.S. Army Reserve (USAR) in the middle of her anniversary year. She was surprised to learn that when she joined the USAR that her anniversary year would stay as her active duty date instead of being adjusted to her USAR enlistment date. Due to the start of Reserve status falling in the middle of an anniversary year and the fact that she was uninformed of the retirement point system while switching from active duty to the Individual Ready Reserve to Reserve Status, she is now short retirement points for the 2006 and 2007 anniversary years. She has always been proactive her entire Reserve career, ensuring that she attended all scheduled battle assemblies, annual training events, schools, and deployments required of her in order to be able to retire as planned after 20 years of service. Had she been counseled on the possible retirement shortage consequences of joining the USAR in the middle of her anniversary year, she would have been sure to attend additional training days to ensure that she earned all 50 points for each anniversary year. The requested corrective action will establish satisfactory years for anniversary years ending 24 March 2006 and 24 March 2007 using anniversary points that she has already earned, and will not result in any monetary compensation owed her. 2. A review of the applicant's official records shows the following: a. On 25 March 2000, the applicant enlisted in the Regular Army. b. On 20 August 2005, the applicant was released from active duty. c. On 21 August 2005, the applicant enlisted in the USAR. d. An ARPC Form 249E (Chronological Statement of Retirement Points) shows for anniversary year beginning on 25 March 2006 and ending on 24 March 2007; 14 Inactive Duty (IDT) points and 15 membership points. e. On 29 April 2021, the U.S. Army Human Resources Command (HRC), Fort Knox, KY, issued the applicant a Memorandum, Subject: Notification of Eligibility for Retired Pay at Non-Regular Retirement (20-Year Letter), which showed the applicant was eligible for retired pay at age 60. 3. The applicant provides DA Form 5016, dated 30 September 2020, she had 18 years, 4 months, and 27 days of qualifying service for retired pay. Anniversary year beginning on 25 March 2006 and ending on 24 March 2007 shows; 14 IDT points and 15 membership points. 4. On 18 August 2021, in the processing of this case an advisory was obtained from HRC, Chief Personnel Actions Branch, that stated, HRC reviewed the applicant's request and recommends the denial of the application. The transfer of the points will not change her retirement pay entitlements. As of 18 August 2021, the applicant has 20 years of creditable service. A Notification of Eligibility for Retired Pay for a Non-Regular Retirement (20 Year Letter) was published for her on 20 April 2021. She is eligible for non-regular retirement at age 60. 5. On 30 August 2021, the advisory opinion was provided to the applicant to respond. As of 19 October 2021, she had not responded to the advisory opinion. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found relief is not warranted. 2. The Board concurred with the conclusion of the advisory official that the relief the applicant is seeking will not change her retirement pay entitlements. The Board noted that subsequent to her application, she was issued her 20 Year Letter, which appears to have been her concern. Based on a preponderance of evidence, the Board determined the applicant's retirement points are correctly documented. 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. REFERENCE: Army Regulation 140-185 (Army Reserve Training and Retirement Point Credits and Records) states the full-year periods used for the crediting of qualifying years for non- regular retirement must be based on the anniversary years. Anniversary year periods are calculated from an anniversary date. The anniversary date is the date the Servicemember entered into active service or active status in a Reserve Component. The month and day for each successive anniversary year will not be adjusted unless the Servicemember has a break in service. A break in service occurs only when a member transfers to an inactive status list, the inactive National Guard, a temporary disability retired list, the Retired Reserve, or is discharged for longer than 24 hours. There will not be a break in service if the Servicemember transfers directly to another active component or Reserve Component. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210005475 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1