IN THE CASE OF: BOARD DATE: 25 January 2022 DOCKET NUMBER: AR20210008751 APPLICANT REQUESTS: in effect, reconsideration of his previous request for approval of sanctuary status and a non-regular retirement. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * two DD Forms 214 (Certificate of Release or Discharge from Active Duty) * two DA Forms 5016 (Chronological Statement of Retirement Points * U. S. Army Human Resources Command (HRC) letter FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR2020000XXXX on 29 October 2020. 2. The applicant provides no statements and his: * two DD Forms 214, for the periods from 9 June 1987 to 14 December 1988 and 15 May 1988 to 1 July 2012 * DA Form 5016, dated 18 June 2015 * Letter, dated 19 June 2015, wherein HRC responded to a congressional inquiry regarding his point calculation for retirement eligibility * DA Form 5016, dated 5 November 2019 3. Review of the applicant’s service records show: a. He enlisted in the U. S. Amy Reserve (USAR) on 26 December 1986. He entered active duty for training (ADT) on 9 June 1987. He completed ADT and was awarded military occupational specialty 91C (Practical Nurse). b. He was honorably released from ADT on 14 December 1988 and was transferred to a Reserve unit. His DD Form 214 shows he completed 1 year, 6 months, and 6 days of net active service. c. He was appointed in the Regular Army, Medical Corps, as a captain, on 16 May 1998. He was promoted to major (MAJ) on 16 May 2004. d. Orders Number 347-1XXX, dated 13 December 201X, announced his reassignment for separation processing, with a reporting date of 1 July 2012. e. He was honorably discharged from active duty, in the rank of MAJ, on 1 July 2012, under the provisions of Army Regulation (AR) 600-8-24 (Officer Transfers and Discharges), paragraph 5-9, by reason of Non-Selection, Permanent Promotion. His DD Form 214 shows he completed the following: * 14 years, 1 month, and 16 days of net active service this period * 1 year, 7 months, and 29 days of total prior active service * 5 years, 11 months, and 21 days of total prior inactive service * 4 years, 5 months, and 16 days of foreign service f. A DA Form 71 (Oath of Office – Military Personnel), shows he executed the form for appointed in the USAR, as a MAJ, on 2 July 2012. g. A DA Form 5016, dated 18 June 2015, shows he served in the USAR, in an enlisted status from 12 December 1986 to 21 August 1994 and was credited with 4 years of qualifying service for retirement. This form does not show his commissioned service. h. A DA Form 5016, dated 5 November 2019, shows a detailed listing of his retirement points earned in completed anniversary years covering the period 24 December 1986 through 21 August 1994. This form also shows he completed 15 years, 9 months, and 15 days of active service (active duty for training in 1987-1988 and Regular Army service in 1998-2012) and 2 additional qualifying years of Reserve service during the period 24 December 1991-23 December 1993. This form does not show his commissioned service. i. On 5 November 2019, HRC advised him that they did not have the authority to approve sanctuary and place him in the Retired Reserve. He was instructed he could apply to the Army Review Boards Agency for records corrections. j. His available record is void of any indication he completed at least 18 but less than 20 years of active Federal service for sanctuary protection under the provisions of Title 10, U.S. Code (USC), section 12646. 4. On 29 October 2020, the ABCMR determined the following: * he was properly discharged as a result of being twice passed over for promotion at the time of his discharge from the Regular Army * he had not yet completed sufficient service to qualify for continued service under the provisions of Title 10, U.S. Code, section 12646, for the purpose of becoming eligible for retirement * there was no evidence of errors in the calculation of his service that would support a recommendation for relief * his discharge was not in error, unjust, or inequitable 5. By regulations: a. AR 600-8-24, a retirement eligible officer who is twice nonselected for promotion to the grade of lieutenant colonel or below may retire. b. AR 135-180 (Qualifying Service for Retired Pay Non-Regular Service), each Reserve Components Soldier who completed the service required to be eligible for retired pay at age 60 would be notified in writing with a 20-Year letter within 1 year after he/she completed the service. c. AR 140-185 (Army Reserve – Training and Retirement Points Credits and Unit Level Strength Accounting Records), the DA Form 5016 provides a permanent record of the total retirement points Soldiers earn during an anniversary year and is issued annually. 6. Department of Defense Instruction 1215.7 (Service Credit for Reserve Retirement), a qualifying year of creditable service toward a non-regular retirement is a full-year during which a member of an Active Component or Reserve Component is credited with at least 50 retirement points. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. By law and regulation, Reserve Component Soldiers are required to complete 20 qualifying years of service (at least 50 retirement points per year) in order to qualify for retired pay at age 60. The applicant in this case did not complete 20 qualifying years. Board members found no evidence that the applicant completed at least 18 years and should have qualified for sanctuary status. His discharge was not in error, unjust, or inequitable. 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 to amend the decision of the ABCMR set forth in Docket AR20200003511 on 29 October 2020. 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 (AR) 600-8-24 (Officer Transfers and Discharges), in effect at the time, prescribed the officer transfers from active duty to the Reserve Component and discharge functions for all officers on active duty for 30 days or more. Paragraph 6-15 (Voluntary Retirement in Lieu of Mandatory Retirement, in Lieu of Consideration for Selective Early Retirement/Selective Retirement, or in Conjunction with the Scheduled Release from Active Duty) provided that a Regular Army officer may request voluntary retirement in lieu of mandatory retirement under section III of this chapter, or in lieu of consideration for selective early retirement/selective retirement under section IV of this chapter. A retirement eligible officer who was twice nonselected for promotion to the grade of lieutenant colonel or below could retire. The officer's effective date of retirement would not be later than the mandatory separation date. An officer who received a notification memorandum of impending elimination could request retirement in lieu of elimination if the officer had 19 years and 6 months or more active Federal service on the date of such application. The effective date of retirement for an officer: * With 19 years and 6 months, but less than 20 years of active Federal service would not be later than 60 days after the officer attains 20 years’ active Federal service; or * With 20 or more years of active Federal service will not be later than 60 days from the date the officer elected retirement in lieu of elimination 2. Title 10, U.S. Code (USC), section 12646 (Commissioned Officers: Retention after completing 18 or More, but Less than 20, Years of Service), provides that if on the date prescribed for the discharge or transfer from an active status of a Reserve commissioned officer, he/she is entitled to be credited with at least 18 but less than 19 years of service computed under section 12732 of this title, he/she may not be discharged or transferred from an active status under chapter 843, 1407, or 1409 of this title without his/her consent before the earlier of the following dates: * The date on which he/she is entitled to be credited with 20 years of service computed under section 12732 of this title; or * the third anniversary of the date on which he/she would otherwise be discharged or transferred from an active status 3. Army Regulation (AR) 140-185 (Army Reserve – Training and Retirement Points Credits and Unit Level Strength Accounting Records), in effect at the time, contained Army policy for U.S. Army Reserve (USAR) training and retirement point credit. It also prescribed guidance for USAR unit level strength accounting. The regulation stated in: a. Paragraph 1-7 (Service requirement for a satisfactory year of service for non- regular retirement) – a qualifying year of service for non-regular retired pay was a full year during which a Reserve Component member was credited with a minimum of 50 retirement points. Except as otherwise provided by law, an accumulation of 20 such years was one requirement necessary to qualify for non-regular retired pay. b. Paragraph 2-1 (Criteria for crediting retirement points) – the limitations on the number of points that could be credited to a Soldier during an anniversary year were: * 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 * 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 * A maximum of two retirement points may be awarded in 1 calendar day for any activity or combination of activities * 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. Paragraph 3-3 (DA Form 1380 (Army Reserve – Record of Individual Performance of Reserve Duty Training), the purpose of this form was to record inactive duty training (IDT) the troop program unit Soldiers performing IDT assemblies when pay is authorized, and the Soldier is not present to sign the IDT attendance roster. d. Paragraph 3–5 (DA Form 5016 (Chronological Statement of Retirements Points), these statements: * Provide a permanent record of the total retirement points Soldiers earn during an anniversary year * Inform Soldiers whether they earned sufficient points for a qualifying year for retirement or retention in an active status * Provide Soldiers an opportunity to review their retirement points to request corrections * Prepared by HRC from the processing of data furnished manually and utilizing automation * Prepared for Soldiers under HRC command to include obligated enlisted Soldiers who have earned at least one retirement point * Prepared to cover a full anniversary year of active duty training or active duty * Prepared for all Soldiers regardless of the number of points awarded * Issued annually and upon correction to a record 4. Department of Defense Instruction 1215.7 (Service Credit for Reserve Retirement), paragraph 3.1, states a qualifying year of creditable service toward a non-regular retirement is a full-year, as described in Paragraphs 3.1.b. and 3.1.c., during which a member of an Active Component or Reserve Component is credited with at least 50 retirement points. Accumulating 20 such years, except as otherwise provided by law, is one requirement necessary to qualify for non-regular retired pay. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210008751 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1