IN THE CASE OF: BOARD DATE: 6 April 2022 DOCKET NUMBER: AR20210015199 APPLICANT REQUESTS: correction of his ARPC Form 249-2-E (Chronological Statement of Retirement Points) to accurately reflect all periods service. A video or telephonic appearance before the Board. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD DD Form 149 (Application for Correction of Military Record) FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States 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 in pertinent part that he retired from the U.S. Army Reserve on 13 May 1998, with a combined total of 23 years of service in the Army. He contests that his ARPC Form 249-2-E, when compared to his DD Form 108 (Application for Retired Pay) contains inconsistent information. He previously provided copies of his records to the U.S. Army Human Resources Command (HRC), St. Louis, MO, requesting that they compare the information and make the necessary corrections. He has yet to receive a response. He further argues that the ARPC Form 249-2-E only provides annual totals, it does not provide a detailed record of points awarded each year. 3. A review of the applicant's available service records reflects the following: a. On 23 December 1964, the applicant enlisted in the Regular Army for 3 years to serve as an Engineer Equipment Repairman. b. On 13 December 1967, the applicant was released from active duty and transferred into the U.S. Army Reserve (USAR) Control Group (Reinforcement). c. On 27 February 1972, the applicant enlisted in the Army National Guard (ARNG) for 2 years. d. On 17 June 1973, the applicant was discharged from the ARNG for appointment as a commissioned officer. e. On 30 October 1973, the applicant was retroactively appointed a Reserve commission within the ARNG, as a Field Artillery Officer, effective 18 June 1973. f. On 31 December 1977, the applicant was honorably released from the ARNG. g. On or about 1 January 1978, the applicant was appointed a commission within the USAR. h. On 16 January 1998, the USAR Personnel Command issued Orders Number C-01-801679 reassigning the applicant to the Retired Reserve, effective 13 May 1998, due to reaching his maximum years of service. i. On 17 February 2009, a Reserve Pay inquiry was conducted reflective of an account of the applicant's pay periods/points awarded between 23 December 1964 and 14 May 1998; total of 3,254 points, 28 years, 2 months, and 8 days of qualifying years of service and 39 years, 2 months, and 18 days of longevity. Subsequently, HRC issued Orders Number P02-901822 retroactively placing the applicant on the retired list, effective 14 May 2005 j. On 21 September 2007, HRC issued Memorandum – Subject: Retirement Points reflective of a record of the applicant's performance of duty from 23 December 1964 – 14 May 1998. 4. On 10 February 2022, the U.S. Army Reserve Command (USARC) Retirement Services Officer provided an advisory opinion wherein he recommends that the applicant specify the periods where he believes he is missing points along with the supporting documents as the information provided was insufficient to determine whether he was missing retirement points. His current DA Form 5016 (Chronological Statement of Retirement Points) indicates that the applicant has 28 years, 2 months, and 8 days of total creditable service (3,254 points). 5. On 11 February 2022, the applicant was provided with a copy of the advisory opinion and given 15 days to provide comments. As of 4 April 2022, the applicant had not responded. 6. On 1 March 2022, the applicant's congressional representative was advised that the applicant currently has an open application with this Board and they would be notified directly once a decision is rendered. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that partial relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition, available military records and the U.S. Army Reserve Command (USARC) Retirement Services Officer advisory the Board concurred with the advising official recommendation, that the applicant specify the periods where he believes he is missing points along with the supporting documents as the information provided was insufficient to determine whether he was missing retirement points. His current DA Form 5016 (Chronological Statement of Retirement Points) indicates that the applicant has 28 years, 2 months, and 8 days of total creditable service (3,254 points). 2. However, the Board determined the applicant served with the 207th in Thailand and is authorized award of the Vietnam Service Medal w/ 1960 device. Based on this, the Board granted partial relief. 3. The applicant’s request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to show award of the Vietnam Service Medal w/ 1960. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correction of his ARPC Form 249-2-E (Chronological Statement of Retirement Points) to accurately reflect all periods 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. Title 10, USC, 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. Army Regulation (AR) 140-185 (Training and Retirement Point Credits and Unit Level Strength and Accounting Records) prescribes the types of training and activities for which retirement points are authorized and the procedures for recording retirement point credits and training for U.S. Army Reserve (USAR) Soldiers. Paragraph 3-1 (General) provides that the Army Training Requirements and Resources System (ATRRS) training transcript, DD Form 214 (Certificate of Release or Discharge from Active Duty), DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), DD Form 220 (Active Duty Report), Master Military Pay Account (MMPA), DFAS Form 702 (Defense Finance and Accounting Service Military Leave and Earnings Statement), DA Form 1379 (U.S. Army Reserve Components Unit Record of Reserve Training), DA Form 1380 (Army Reserve Record of Individual Performance of Reserve Duty Training), DA Form 5016, and the Reserve retirement repository are used to maintain and record the award and entitlement of retirement points 3. AR 135-180 (Retirement for Non-Regular Service) states that the Human Resources Command will update the DA Form 5016 for USAR Soldiers annually at the end of their AY and place it into their on-line record at http://www.hrc.army.mil for their review. Soldiers will review their retirement point statement annually and provide supporting documents to correct any deficiencies through their chain of command to HRC in accordance with AR 140–185. When local records available in Reserve units or in the Soldier's military records do not conclusively establish the Soldier's creditable service and completion of 20 years qualifying service, or mandatory removal from active status, other than through elimination action or age, is imminent; commanders will request DA Form 1506 (Statement of Service for Computation of Length of Service for Pay Purposes) to verify the doubtful period(s). Discharged Soldiers with no military service obligation will receive an updated DA Form 5016 if a request is received with supporting documents and an account is already established in the Retirement Point Accounting System (RPAS). This will ensure proper validation of retirement points throughout a Soldier's career. The DA Form 5016 is issued annually and upon correction of the record. 4. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. Paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210015199 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1