IN THE CASE OF: BOARD DATE: 17 May 2022 DOCKET NUMBER: AR20210017338 APPLICANT REQUESTS: correction of his DA Form 5016 (Chronological Statement of Retirement Points) to show he completed 6 instead of 3 qualifying years of service towards non-regular retirement. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, 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 the Statement of retirement points shows 3 years and it should be 6 years. The statement of retirement should reflect the same dates as his DD Form 214, from November 13, 1966 to March 1972. He needs the certificate of retirement points to reflect the six years of service that he completed. He is applying for a mortgage for a home through the VA which requires 6 years of service. 3. Review of the applicant's service records shows: a. He enlisted in the U.S. Army Reserve on 29 March 1966. b. He entered active duty for training (ACDUTRA) on 13 November 1966 and completed training for award of military occupational specialty 36K (Wireman). c. He was honorably released from ACDUTRA on 25 March 1967 and transferred back to his Reserve unit. His DD Form 214 show she completed 4 months and 13 days of active service and he had 7 months and 14 days of inactive service. d. He was discharged from the U.S. Army Reserve on 28 March 1972 at the conclusion of his 6-year commitment. e. His Chronological Record of Retirement Points show she completed 3 qualifying years of service towards non-regular retirement. 3. On 10 March 2022, the U.S. Army Human Resources Command (HRC) reviewed his records and provided an advisory opinion in the processing of his case. An HRC official provided a copy of the applicant's DA Form 5016, Chronological Statement of Retirement Points, and stated the applicant's active duty time reflected on his DD Form 214 for 13 November 1966 to 25 March 1967 has already been accounted for on this form. He will need to provide Leave and Earning Statements from DFAS if additional inactive and active duty points are missing from his DA Form 5016. The DA Form 5016 shows the applicant completed 3 qualifying years of service towards non-regular retirement as follows: 4. The applicant was provided with a copy of this advisory opinion to give him an opportunity to submit additional comments and/or a rebuttal. He did not respond. 5. By regulation A qualifying year of service for non-regular retired pay is a full year during which a Regular or Reserve member is credited with a minimum of 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. The Board noted that a qualifying year of service is one where a member completes 50 or more retirement points. The evidence of record shows he only completed 3 qualifying years of service as shown on his Chronological Record of Retirement Points. Based on a preponderance of evidence, the Board determined that the number of qualifying years of service the applicant completed upon separation was not in error or unjust. 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. REFERENCES: 1. Title 10, United States 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 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. DOD Instruction 1215.07, Service Credit for Non-Regular Retirement states in paragraph 3-1(a), Qualifying Years of Satisfactory Service. Pursuant to Chapter 1223 of Title 10, U.S.C., 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 (AC) or Reserve Component (RC) 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 nonregular retired pay. Retirement point credit depends on the activity performed, and include (but not limited to). a. Active Service. Credit active service at the rate of one retirement point per day of active service in the uniformed services as defined in Section 101 of Title 10, U.S.C. b. Inactive Duty Service. Credit inactive duty service as follows: One retirement point for each attendance at an inactive duty training (IDT) period or period of equivalent instruction; One retirement point for each attendance at a period of equivalent training in accordance with Paragraph 2.a.(1) of DoDI 1215.06; and a maximum of two retirement points for attendance at IDT periods, or equivalent training, in any 1 calendar day. c. Several other situations or activities also qualify for retirement points. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210017338 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1