IN THE CASE OF: BOARD DATE: 7 February 2023 DOCKET NUMBER: AR20220002410 APPLICANT REQUESTS: correction of his DA Form 5016 (Chronological Statement of Retirement Points) to show his retirement points with his Reserve unit from July of 1992 to November 1992. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * NGB Form 22 (Report of Separation and Record of Service) * Army National Guard Current Annual Statement * DA Form 5016 (Chronological Statement of Retirement Points) * Request for a Certificate of Eligibility for VA Home Loan Benefits * Printout of former Reserve unit 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 he is seeking to have the service he performed as a member of the Army Reserve Unit “MC HSP DET 2 FLO HOSPITAL” in Gulfport, MS added to his service record along with the retirement points associated with this service. He received a $2,000 retention signing bonus from this unit. However, there is no record of his duty from July of 1992 to November 1992. He then transferred to a National Guard unit in Louisiana later in November of 1992. There are no records of him ever participating with the Mississippi Reserve unit. This correction should be made to accurately reflect his time of service. This has been an ongoing issue due to the time lost shorting him of his six years of total service. This shortage further complicates his record when seeking employment and for veterans’ benefits. 3. Review of the applicant’s available service records show: a. He enlisted in the U.S. Army Reserve on 12 March 1991. b. He entered active duty for training (ADT) on 1 May 1991 and completed training for award of military occupational specialties 91B (Medical Specialist) and 91V (respiratory Specialist). c. He was released from ADT on 5 June 1992 and transferred back to the control of his USAR unit, 347th General Hospital, Sunnyvale, CA. d. There is no documentary evidence found in the available record or provided by the applicant to confirm any drills, unit assemblies, or multiple-unit training assemblies for the period June 1992 (release from ADT) to November 1992 (transfer to the ARNG). Example of documents: * DD Form 1380 Record of Individual Performance of Reserve Duty Training * Leave and Earnings Statements * Orders to Annual Training * Annual Training (AT), Active Duty Training (ADT), Active Guard Reserve * Battle Assemblies (BA) * Rescheduled Training, Equivalent Training, Additional Training, * Flight Training Periods * Membership * Correspondence e. The ARNG Current Annual Statement (a summary of points earned towards retirement) he provides shows for the period 6 June 1992 to 23 November 1992, Coded D1 (meaning he was in a troop program unit of the USAR), he did not earn any retirement points. f. He enlisted in the Louisiana Army National Guard (LAARNG) on 24 November 1992. The ARNG Current Annual Statement he provides show during his ARNG service, he earned retirement points as indicated below: * 97-03-12 to 97-06-16 4 points * 96-03-12 to 97-03-11 15 points * 95-03-12 to 96-03-11 15 points * 94-03-12 to 95-03-11 47 points * 93-03-12 to 94-03-11 83 points * 92-11-24 to 93-03-11 105 points g. He was honorably discharged from the LAARNG on 16 June 1997 due to being medically unfit, in accordance with National Guard Regulation (NGR) 600-200 (Enlisted Personnel Management). h. His NGB Form 22 (Report of Separation and Record of Service) shows he completed 4 years, 6 months, and 23 days of ARNG service and he had 1 year, 1 month, and 5 days of prior active service, for a total of 5 years, 7 months, and 28 day. 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 found no documentary evidence in the available record or provided by the applicant to confirm any drills, unit assemblies, or multiple-unit training assemblies for the period June 1992 (release from ADT) to November 1992 (transfer to the ARNG). Example of documents: DD Form 1380, Leave and Earnings Statements, Orders to Annual Training, Annual Training (AT), Active Duty Training (ADT), Active Guard Reserve, Battle Assemblies (BA), etc. In the absence of documentary evidence of completion of inactive duty training, the Board determined there is no grounds to grant him the requested relief. ? 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. Army Regulation 140-185 Army Reserve Training and Retirement Point Credits and Unit Level Strength Accounting Records governs the awarding and crediting of retirement points. Correction of Retirement Points. a. U.S. Army Reserve Troop Program Unit and Active Guard Reserve Soldiers will have their retirement point records updated by their Unit representative using a variety of source documents. • 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) • DD Form 220 (Active Duty Report) • Master military pay account, • 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) b. National Guard Soldiers have their retirement points recorded in a separate retirement point accounting system. The NGB Form 23A, Annual Retirement Point Statement, is utilized as the source document of the ARNG to validate duties performed by a Soldier. The ARNG Retirement Points Accounting Management representative per state can be located at https://www.milsuite.mil/book/groups/arng-hrp-t-retirement- services for a copy and/or correction of the NGB Form 23A. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220002410 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1