IN THE CASE OF: BOARD DATE: 23 August 2023 DOCKET NUMBER: AR20220008375 APPLICANT REQUESTS: in effect, removal of the 2-month break in service from her military record, to reflect continuous service time and correct her basic active service date (BASD), pay entry basic date (PEBD), and retirement points. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * NGB Form 23A (Army National Guard Current Annual Statement) * DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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: a. She had a non-military civilian break 19980213-19980409. In 1998, she fell off the system due to the unit’s failure to complete the oath of extension in a timely manner. However, she still attended drill during this time. Her extension was executed on 11 January 1998 extending her through 12 February 2001. The unit did a discharge on 19980213 and reenlistment with an effective date of 19980409. This essentially brought her back into the military like a new recruit. This action should never have been a break in service, an explanation should have been put into her record correcting the error. She would like to have her military record to reflect her true service time, her basic active service date (BASD), pay entry basic date (PEBD) and her retirement points adjusted to reflect the two months. b. It is her belief that her extension covering 19980212-20010212 sat on someone's desk and action was not taken at the proper time and she fell off the pay system. This error caused her PEBD date to change and affected by BASD, retirement points, and possibly a debt to the Army. She fell off the pay system and when she inquired about it. She was told that she had to enlist as a new service member. Apparently, someone did not put her paperwork in the system even though she signed and turned in her extension to the appropriate office. She was discharged from the Army and brought back in to cover the error. She was a young Soldier, ignorant about military processes, so she went along with her command. Now that she is in the retirement process, she realizes that the break in service has caused issues with the pay system because of the shifted PEBD, BASD, and retirement points. While getting her retirement documents together for her application, she found her original enlistment paperwork. She tried to work through her state with no avail and was told she had to go to ABCMR for the correction. c. She completed the extension prior to dropping off the pay system. She fell because there was no extension in the system. Her state no longer has the old files since it was before IPPSA. She even requested a DeFacto memorandum be approved for the non-civilian break in service (since she performed the duty) but there was no action because the current GO was transitioning out of the Guard. She was under the impression that it was taken care of but when she received her final NGB Form 23 (Army National Guard Current Annual Statement), the break was still on it. She was waiting for the correction to file her retirement application but was told to file it anyway. She feels the incident should have been handled correcting the error and backdating the pay for those months she served but were not given credit for. Also, correcting the break once it was realized that there was an error. She acted as a Soldier at the assigned grade per military guidance. 3. Review of the applicant’s service records shows: a. She was born on. She was placed on the retired list on 2 April 2022. b. She enlisted in the Alaska Army National Guard (ALARNG) for 8 years on 13 February 1985. The beginning date of her retirement points (Anniversary Year) began on 13 February 1985 as well as he basic pay entry date. c. Her official record is void of extension of ARNG enlistment. However, other evidence indicates she had extended her enlistment twice, and her ETS (expiration of term of service) date was established as 12 February 1998. d. She was discharged from the ALARNG on 12 February 1998. Her NGB Form 22 (Report of Separation and Record of Service) shows she was discharged due to expiration of term of service. She completed 13 years of ARNG service. e. She again enlisted in the ALARNG on 10 April 1998. The beginning date of her retirement points (Anniversary Year) was changed to 10 April 1998. She extended her ARNG enlistment by 6 years on 7 March 2004). f. On 7 October 2005, ALARNG issued her a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter). g. She entered active duty as a member of the ARNG on 22 February 2006. She served in a variety of assignments, extending her ARNG enlistment (on 16 March 2015 for 6 years), and she attained the rank of sergeant first class (SFC). h. She was honorably released from active duty on 31 December 2021 back to ARNG status. i. She was discharged from the ARNG on 31 March 2022. Her NGB Form 22 (began on 10 April 1998) shows she completed 36 years, 1 month, and 21 days of ARNG service during this period. j. On 4 October 2022, the U.S. Army Human Resources Command published orders retiring her and placing her on the retired list effective 2 April 2022. k. Her NGB Form 23A shows she was credited with 37 qualifying years of service towards non-regular retirement. This form shows: * her Anniversary Year was established as 13 February 1985 * she then had a break in service from 13 February 1998 to 9 April 1998 * upon reentry into the ARNG on 10 April 1998, her Anniversary Year was updated to reflect her new enlistment date, 10 April 1998 4. She provides a DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) that shows on 11 January 1998, she signed a 3-year extension in the ARNG. Her new ETS date was set as 12 February 2001. 5. The National Guard Bureau (NGB) provided an advisory opinion on 3 August 2023 in the processing of this case. An advisory official reiterated the applicant’s request to remove the 2-month break in service from her military record, to reflect continuous service time and correct BASD, PEBD and retirement points. The NGB official recommends approval and states: a. While serving as a member of the AKARNG, applicant contends that her two- month break in service from 13 February 1998 through 9 April 1998, was due to her re- enlistment not being processed in the system of record in a timely manner. The AKARNG provided several documents found in iPERMS affirming the February 1998 discharge and acknowledged the 11 January 1998 extension paperwork was not in the system of record (see enclosure). Also, although there is a discharge order and record of separation, these documents can be generated by the State without the knowledge of a Soldier which is evident by the NGB Form 22, block 20 stating “Individual Not Available for Signature”. Ultimately AKARNG’s response supports the applicant’s claim of the injustice and need for a true correction to her military record. b. The NGB recommends approval of her request, as she had a valid extension, which unfortunately was completed a day before her ETS, not giving the State enough time to process it on time and clear it through finance. Her PEBD should not change because she did not have a break in service. Her ARNG records should be corrected and her PEBD should be readjusted to the original date of 13 February 1985. The opinion was coordinated with input from the AKARNG and Army National Guard Retirement Services. 6. The applicant was provided with a copy of this advisory opinion to give her an opportunity to submit additional comments/rebuttal. She did not respond. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that 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 applicants’ petition, available military records and National Guard Bureau, Special Actions Branch advisory opinion, the Board concurred with the advising opinion recommendation for approval based on there was a valid extension, which was completed a day before the applicant’s expiration of term of service (ETS), that did not give the State enough time to process it on time and clear it through finance. The opine, stated the applicant’s pay entry basic date (PEBD) should not change because she did not have a break in service. Her record should be corrected and her PEBD should be re-adjusted to the original date of 13 February 1985. Based on this, the Board granted relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing removal of the 2- month break in service from her military record, to reflect continuous service time and correct her basic active service date (BASD), pay entry basic date (PEBD), and retirement points. 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, U.S. 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. National Guard Regulation 680-2, Personnel Information Systems Automated Retirement Points Accounting Management, Summary. This regulation sets responsibilities and procedures to establish and maintain retirement records, establish the anniversary year, determine service requirements to qualify for retirement for non- regular service, prepare and issue notifications of eligibility for retired pay for non- regular service, make elections for Survivor Benefit Plan (SBP)/Reserve Component Survivor Benefit Plan (RCSBP), apply for retired pay for non-regular service, determine eligibility for reduced retirement age for members who served on active service under certain authorities, and explains the statute of limitations on applying for retired pay. a. Anniversary Year: The date to determine the Anniversary Year Ending date is established by the date the Soldier entered into active service or into active status in a Reserve component. The date the Soldier enter the Active Reserve is their anniversary year beginning date. As long as the Soldier has no break-in-service, the Anniversary Year Ending date (AYE) will be one year later. b. Paragraph 3-10. Eligibility for retired pay: Current and former Soldiers, to include those discharged from the ARNG and separated to civilian life, who have their NOEs (Notification of Eligibility for Retired Pay) and have reached the full or reduced retirement age, are eligible to apply for retired pay for non-regular service. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220008375 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1