IN THE CASE OF: 

		BOARD DATE: 31 January 2023

		DOCKET NUMBER: AR20220003605


APPLICANT REQUESTS:

*	update his DD Form 256A (Honorable Discharge Certificate) to show his rank as 
Specialist Four (SP4)/E-4
*	retirement points for the year 1989 to 1990

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DA Form 5016 (Chronological Statement of Retirement Points)
*	Request for Correction of Chronological Statement of Retirement Points
*	Orders Number D-05-341048 Discharge from the U.S. Army Reserve (USAR)
*	DD Form 256A

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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 effect:

	a.  He is asking for correction of his rank and his retirement points for the years 1989 
to 1990. He needs the points issue rectified as soon as possible because he is trying to 
close on his first home. 

	b.  He believes his rank and retirement points for 1989 to 1990 to be a clerical error. 
His rank is correct on some of his documents but not on his Honorable Discharge 
Certificate. His points are only missing for the one year. 

	c.  He has missing retirement points for the period of 1989 to 1990. He is one year 
away from Department of Veteran Affairs (VA) eligibility to purchase a home. He just 
needs to have this one year restored/corrected and he can purchase a home.   

3.  The applicant's service record contain the following documents for the Board's 
consideration:

	a.  DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United 
States) which shows the applicant enlisted in the U.S. Army Reserve on 13 May 1985 
for a period of 8 years. 

	b.  Orders Number 097-19, published by the Military Entrance Processing Station, 
dated 13 May 1985 ordered the applicant to Initial Active Duty Training (IADT) with a 
reporting date of 3 June 1985. 

	c.  DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he 
entered active duty on 5 June 1986 and was honorably released from IADT on 
16 August 1986. He completed 2 months and 12 days. Item 4a (Grade, Rate or Rank) 
shows private first class (PFC)/E-3 and item 12h (Effective Date of Pay Grade) shows 
19 April 1986.

	d.  While in the Reserve, he was assigned to Headquarters and Headquarters 
Company, 304th Army Security Agency Battalion, in Pasadena, TX, a troop program 
unit of the U.S. Army Reserve.

	e.  DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) shows on 
9 October 1986, he extended his enlistment in the USAR for a period of 1 year and 5 
months. His new expiration term of service was 12 October 1992. His DA Form 4836 
shows his rank as PFC.

	f.  Orders Number 5-1, published by Headquarters, 304th Army Security Agency, 
Battalion, dated 30 May 1987 promoted the applicant to the rank of SPC, effective 
30 May 1987.

	g.  Orders Number 042-059, published by Headquarters, 90th USAR Command, 
dated 19 November 1987, ordered the applicant, in the rank of SPC, to Active Duty for 
Training (ADT) with a reporting date of 12 December 1987 to attend the primary 
leadership development course.

	h.  Orders Number 72-4, published by Headquarters, 90th USAR Command, dated 
2 September 1988, transferred the applicant, in the rank of SPC, to a different USAR 
unit, effective 16 September 1988.

	i.  A document entitled Request for Correction of Chronological Statement of 
Retirement Points, dated 23 January 1989, was requesting correction of the applicant's 
retirement points from 13 May 1985 through 12 May 1988.  
	j.  DA Form 2-1 (Personnel Qualification Record) shows in item 18 (Appointments 
and Reductions) he was promoted to SP4 in the USAR on 30 March 1987.  

	k.  Orders Number 214-6, published by Headquarters, Fifth U.S. Army, dated 
6 November 1989, shows the applicant was reassigned to the USAR Control Group 
(Annual Training), in the rank of SPC, effective 15 May 1989 due to employment 
conflict. 

	l.  A document entitled Army Reserve Retirement Credit Card shows entries from 
13 May 1985 through 12 May 1987. 

	m.  Orders Number D-05-341048, published by the USAR Personnel Center dated 
18 May 1993 honorably discharged the applicant in the rank of SPC, from the USAR 
Ready Reserve.

	n.  There is no evidence in the applicant's service record that he was an active 
drilling member of the USAR after 15 May 1989. 

4.  The applicant provides the following documents, not previously considered, for the 
Board's consideration:

	a.  DA Form 5016 (Chronological Statement of Retirement Points), dated 
30 March 2022, which shows he received 1 qualifying year of service for retirement for 
each year between 13 May 1985 through 12 May 1988. From 13 May 1988 through 12 
May 1996, he only received 15 membership points. 

	b.  DD Form 256A shows the applicant was honorably discharged from the USAR, in 
the rank of PFC, effective 18 May 1993.

BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that relief was partially warranted. The applicant’s 
contentions, the military record, and regulatory guidance were carefully considered.

	a.  The applicant’s service record shows he served on active duty for training (ADT) 
from 5 June to 16 August 1986. When he was released from ADT, he held the rank of 
PFC, not SPC. His DD Form 214 correctly shows PFC/E-3 and with an effective date of 
grade as 19 April 1986. 

	b.  The Board also noted that the applicant provides a DA Form 5016, 30 March 
2022, which shows he received 1 qualifying year of service for retirement for each year 
between 13 May 1985 through 12 May 1988. From 13 May 1988 through 12 May 1996, 
he only received 15 membership points. There is no evidence in the applicant's service 
record that he was an active drilling member of the USAR after 15 May 1989. 

	c.  The applicant was ultimately honorably discharged from the USAR on 18 May 
1993 in the rank of SPC. He was issued an Honorable Discharge Certificate reflecting 
his rank as PFC. The Board determined there is evidence to correct his Honorable 
Discharge Certificate to show SPC/E-4.

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 that the evidence presented was 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 by reissuing 
him an Honorable Discharge Certificate, in the rank of SPC (vice PFC) effective 18 May 
1993. 

2.  The Board further determined that 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 retirement points for the year 1989 to 1990.

	 
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 Accounting Records) sets responsibilities and procedures to establish 
and maintain retirement records prescribing the types of training and activities for which 
retirement points are authorized. It discusses the procedures for recording retirement 
point credits and training. Chapter 2: Paragraph 2-4a states personnel on active duty, 
Active Duty Training (ADT), Inactive Duty Training (IADT), involuntary ADT, or AT are 
awarded one point for each calendar day they serve in one of these categories and may 
not be awarded additional points for other activities while in such status. A maximum of 
two retirement points may be credited for attendance at unit Battle Assemblies (BA) or 
IDT in any 1 calendar day.

3.  AR 635-5 (Separation Documents) in effect at the time prescribes the separation 
documents which are prepared for individuals upon retirement, discharge, or
release from active military service or control of the Army. DD Form 256A will be 
prepared for enlisted Soldiers separating from the service. 

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220003605


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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