ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS  IN THE CASE OF: BOARD DATE:  24 October 2022 DOCKET NUMBER: AR20210016097 


APPLICANT REQUESTS:  credit for inactive retirement points removed, as a result of an annual audit. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

•DD Form 149 (Application for Correction of Military Record), 25 October 2021

•Applicant Self-authored Statement, 25 October 2021

•U.S. Army Reserve (USAR) Personnel Command Orders H-04-201489, 15 April2002

•Standard Form 513 (Medical Record Consultation Sheet), 7 May 2002

•Defense Financial Accounting Service (DFAS) Travel Voucher, 24 May 2002

•Pennsylvania Army National Guard (PAARNG) memorandum for record,15 September 2021 (Medical Referral for Specialty Training)

•DA Form 5016 (Chronological Statement of Retirement Points), 15 October 2021



FACTS: 

1.The applicant did not file within the three-year time frame provided in Title 10, UnitedStates Code, section 1552(b); however, the Army Board for Correction of MilitaryRecords (ABCMR) conducted a substantive review of this case and determined it is inthe interest of justice to excuse the applicant's failure to timely file.

2.The applicant states, in effect:

a.An Army Human Resources Command review of his retirement points anniversaryyear ending date resulted in a 1-day change to his original anniversary year ending (AYE) from 15 March to 14 March. As a result, three retirement points were dropped from his points total. Only one point should have been dropped. 

b.Previous DA Forms 5016 showed 51 retirement points for the year March 2002 toMarch 2003. When the AYE was adjusted one day earlier, two inactive retirement points were dropped and one active duty point was dropped, reducing the point total for that year to 48 retirement points. The AYE adjustment should have changed it to 50 points. 

c.This seemingly benign change resulted in an unintended consequence of the lossof a good year of service for the period 15 March 2002 to 14 March 2003. 

d.In March 2002, he was administered the U.S. Army Oath of Office and entered theInactive Ready Reserve (IRR). Before he was transferred to a Troop Program Unit, he was ordered to complete a flight physical on 7 May 2002. He was authorized a 2-day trip with an overnight stay. He also attended an appointment for an annual waiver on 30 May 2002. In November 2002, he was transferred to 2nd Battalion, 228th Aviation Regiment, and into a TPU status. 

e.His unit administrator helped him work on getting point credit for two points hewas not credited while in the IRR. His DA Form 5016 showed 51 points and a 'good year' as of 25 January 2011 for a total of 16 inactive duty points. From 2011 to 2021, his DA Forms 5016 showed 51 points. 

f.On 15 October 2021, he generated a new DA Form 5016 as of his conversation toChief Warrant Officer 2 and he discovered three points from 2002 to 2003 were dropped from the report, showing a 48-point year. 

g.The three-point drop was due to the adjustment of the AYE by one day, reducingthe total by one active duty point and two inactive duty points which he can only explain by a reversal of the correction history from 2011. 

h.Army Human Resources Command approved his point correction in 2011showing 2002 as a good year and he was on track to attain his 20-year letter in less than 5 months by March 2022. He was planning to retire in late 2022. With the loss of these points, he has lost a 'good year' and will not reach 20 'good years' until March 2023. 

3.The applicant provides copies of:

a.His ACTS Online Application with signature page, 25 October 2021.

b.A self-authored statement outlined in paragraph 2.

c.Orders issued by USAR Personnel Command, 15 April 2002, authorizing him toperform inactive duty training (IADT) without pay to take a flight physical exam, with a report date of 7 May 2002. 

d.An SF 513 medical record showing the results of a flight exam were normal.

e.A travel voucher issued by DFAS, 24 May 2002, authorizing per diem andreimbursable expenses. 
f.An unsigned memorandum from the PAARNG, Eastern Army National GuardAviation Training Site, 14 September 2021, showing support for the applicant's duty status requirement pertaining to his duty physical exam and waiver on 7 May 2002. 

g.A DA Form 5016, 15 October 2021.

4.A review of the applicant's service records shows:

a.He is presently in the USAR assigned to a TPU.

b.On 15 March 2002, the applicant was appointed a Reserve Commissioned Officeras a first lieutenant in the Aviation Corps, following prior service in the U.S. Air Force. 

c.Orders issued by U.S. Army Personnel Command (PERSCOM), 20 March 2002,reassigned in in the USAR (Reinforcement), effective 15 March 2002. 

d.Orders issued by PERSCOM, 15 April 2002, authorized him to perform IADTwithout pay to take a flight physical exam on 7 May 2002. 

e.On 10 December 2002, he was reassigned between Troop Program Units, fromA Company, 2nd Battalion, 228th Aviation Regiment, to Headquarters and Headquarters Company, 2nd Battalion, 228th Aviation. 

f.On 1 July 2021, HQ, 89th Readiness Division, Joint Base McGuire-Dix issued hima second non-selection for promotion memorandum. This memorandum provided the options available to him for promotion and retirement as the result of a recent promotion board action. It reads, in part: 

•He would be eligible for and may request transfer to the Retired Reserve if hehad completed 20 years of qualifying service for Reserve retired pay atage 60 and had a 20 year letter

•He must be separated not later than the 1st day of the 7th month followingapproval of the board results unless he had been credited with 18 or more butless than 20 years of satisfactory Federal service for retired pay purposes



g.His DA Form 5016, 19 October 2022 shows, in part:

(1)He completed three 'good years' towards retirement during a period of prioractive duty in the Air Force. 

(2)He had a break in service between 11 July 1998 to 14 March 2002.

(3)On 15 March 2002, he was appointed a Reserve Commissioned Officer,establishing his retirement year-end (RYE) as 14 March. 

(4)He was credited with 48 retirement points for the period 15 March 2002 to14 March 2003. These points included 14 inactive duty points, 15 membership points, and 19 active duty points. 

(5)He completed a total of 16 'good years' during his Army service for a total of19 'good years' towards retirement pay at age 60. 

5.On 24 May 2022, AHRC provided an advisory opinion in response to the applicant'sissues. It reads, in part:

a.In accordance with (IAW) Army Regulation 140-185, para 1-8b, Establishment ofthe Anniversary Year; the month and day for each successive anniversary year will not be adjusted unless the Service Member has a break in service. The (Applicant) had a break in service from 11 July 1998 through 14 March 2002 and AYE date was incorrectly established as 15 March when he was reassessed into the U.S. Army Reserve. Upon reentry into the U.S. Army Reserve, the (Applicant's) AYE was not corrected by HRC until 21 September 2021. IAW AR 140-185 paragraph 1-8c if the anniversary date is incorrect on an authorized DA Form 5016, the Soldier’s unit of assignment should submit a correction request to HRC. 

b.Prior to the correction the (Applicant's) record reflected the following foranniversary year 16 March 2002 through 15 March 2003: 16 Inactive Duty (IDT) points, 15 membership points, and 20 active duty points for a total of 51 points and a qualifying year for non-regular retirement. Upon correction of the AYE date of 14 March 2003, on 21 September 2021, the record supported by the retirement points detail: 14 Inactive Duty Points, 15 membership Points, and 19 active duty points for a total of 48 retirement points and a non-qualifying year towards non-regular retirement. 

c.The additional two IDT points were submitted via the Retirement Point CorrectionSystem multiple times. The first two times the correction to change IDT points from 14 to 16 were submitted 9 December 2008 and 21 May 2009, both times rejected due to lack of supporting documentation. On 26 January 2011, this correction was submitted once again and erroneously accepted with no supporting documentation. 

d.The (Applicant) was awarded two IDT retirement points for attendance andcompletion of a flight physical. AHRC verified attendance of the flight physical was in a non-paid status while the (Applicant) was not attached to a unit, entitled to travel and per diem only. No retirement points should have been awarded. The (Applicant's) additional 1 point on active duty was for 15 March 2003, which carried over to his next AYE, and 1 active point was credited for that AYE date 14 March 2004. 
6.On 26 May 2022, the applicant was provided with a copy of this advisory opinion togive him an opportunity to submit a response/rebuttal. He did not respond.


BOARD DISCUSSION: 

After reviewing the application, all supporting documents and the evidence found within the military record, the Board determined that relief was not warranted.  The Board carefully considered the applicant’s contentions, military record, and regulatory guidance. The Board reviewed the Human Resource Command advisory and concurred that the applicant was erroneously awarded two inactive duty points without the required supporting documentation on two separate occasions. Although, this was at no fault of his own, the points were in error. Based on the preponderance of the evidence available for review, the Board determined the evidence presented insufficient to warrant a recommendation for relief. 




























BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

:XXX :XXX :XXX 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. 



Microsoft Office Signature Line...




REFERENCES: 

1.Title 10, United States Code, section 1552(b), provides that applications forcorrection of military records must be filed within 3 years after discovery of the allegederror or injustice. This provision of law also allows the ABCMR to excuse an applicant'sfailure to timely file within the 3-year statute of limitations if the ABCMR determines itwould be in the interest of justice to do so.

2.Army Regulation 15-185 (Army Board for Correction of Military Records) prescribesthe policies and procedures for correction of military records by the Secretary of theArmy acting through the ABCMR. The ABCMR begins its consideration of each casewith the presumption of administrative regularity. The applicant has the burden ofproving an error or injustice by a preponderance of the evidence.

3.Army Regulation 135-180 (Retirement for Non-Regular Service), implementsstatutory authorities governing the granting of retired pay for non-regular service toSoldiers in the Army National Guard and Army National Guard of the United States orthe U.S. Army Reserve. HRC will update the DA Form 5016 for USAR Soldiers annuallyat the end of their annual year and place it into their on-line record. Soldiers will reviewtheir retirement point statement annually and provide supporting documents to correctany deficiencies through their chain of command to HRC in accordance with AR 140-185.Discharged Soldiers with no military service obligation will receive an updated DAForm 5016 if a request is received with supporting documents and an account is alreadyestablished in the Retirement Point Accounting System.

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 is a full year during which a RC member is credited with a minimum of 50 retirement points. Except as otherwise provided by law, an accumulation of 20 such years is one requirement necessary to qualify for non-regular retired pay. 

b.Paragraph 1-8b. Establishment of anniversary year. The criteria for establishingthe service requirement for a satisfactory year of service for non-regular retirement per DODI 1215.07 and changing the anniversary year ending date are as follows:  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 RC. 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 RC. When a Servicemember with a break in service returns to an active Reserve status or to active service, the revised anniversary year start date will be the date of return or reentry. When the anniversary date shown on any authorized DA Form 5016 is incorrect the Soldier’s unit of assignment should submit a request for action to HRC via encrypted email for processing. 
 
c. Paragraph 2-1. Criteria for crediting 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 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 

• Membership-Soldiers are awarded 15 membership points for each year in an active status 


 
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