IN THE CASE OF: BOARD DATE: 5 September 2023 DOCKET NUMBER: AR20230003410 APPLICANT REQUESTS: correction of her retirement points (constructive credit) to award points only between 5 January 2000 through 4 January 2002 secondary to an Army Board for Correction of Military Records (ABCMR) decision. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: • DD Form 149 (Application for Correction of Military Record) • ABCMR Docket Number AR1999021749, 8 April 1999 • U.S. Total Army Personnel Command Letter, 4 August 1999 • Memorandum for Promotion Consideration, 28 March 2001 • U.S. Total Army Personnel Command Letter, 8 May 2001 • Memorandum for Promotion, 8 May 2001 • Orders Number H-08-102052A01, 22 October 2001 • Memorandum, Subject: Notification of Eligibility for Retired Pay at Age 60 (Twenty Year Letter), 8 February 2007 • DA Form 5016 (Chronological Statement of Retirement Points), 21 November 2017 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 pertinent part, she is seeking correction of her missing good years for retirement from 5 January 2000 to 4 January 2002. She had to go before a Special Selection Board (SSB) and if selected, be awarded constructive service award of appropriate retirement points. In her previous application to the ABCMR in Docket Number AR1999021749, the Board determined she was fully qualified for promotion and the recommendation for promotion was sent on 28 March 2001 with an effective date of November 2001 contingent upon being medically qualified. Because of the timing and notification dates, there was no way she could participate in the 2000 and 2001 training for retirement points. As such, these years should be credited as good years for retirement. 3. A review of the applicant's available service record reflects the following: a. Having prior active service with the U.S. Navy, on 3 July 1984 she was appointed as a Reserve commissioned officer and executed an oath of office with a subsequent call to active duty. b. DD Form 214 (Certificate of Release or Discharge form Active Duty), ending 1 August 1993 reflects an honorable release from active duty for completion of required active service with further assignment to the U.S. Army Reserve (USAR) Control Group (Reinforcement). Item 12 (Record of Service) shows she completed 9 years and 29 days of net active service. c. On 7 January 2004, the U.S. Army Human Resources Command (HRC) issued Orders Number M-01-400006 ordering her to active duty, effective 1 February 2004. d. On 8 February 2007, HRC issued a Memorandum for Notification of Eligibility for Retired Pay at Age 60 (Twenty Year Letter). e. DD Form 214, ending 25 May 2009 reflects an honorable release from active duty and transfer to the USAR Control Group (Reinforcement) for completion of required active service. Item 12 (Record of Service) shows she completed 5 years, 3 months, and 25 days. f. On 24 September 2009, HRC issued Orders Number C-09-917034 released her from the USAR Control Group (Reinforcement) and reassigned her to the Standby Reserve (Inactive List), effective 24 September 2009, by reason of officer made no military service obligation election. g. On 10 May 2012, HRC issued Orders Number C-05-206801 placing her in the Retired Reserve by reason of maximum authorized years of service, effective 1 August 2012. h. DA Form 5016, dated 21 November 2017 shows the following: • For the retirement year ending on 4 January 2001, the applicant earned 0 Inactive Duty for Training (IDT) points, 15 membership points, total 15 points • For the retirement year ending on 4 January 2002, the applicant earned 1 IDT point, 15 membership points, total 16 total points credible. 4. The applicant provides the following: a. ABCMR Docket Number AR1999021749, dated 8 April 1999, wherein the Board found her eligible for the SSB to be promoted to the rank of Major (MAJ). In this Board Docket, paragraphs 7 and 9 show the applicant was non-select twice for promotion to MAJ. Paragraph 10 shows she was honorably discharged from the USAR. The Board directed that she be reinstated to her previous Reserve status, with constructive service, pay and award appropriate retirement points. b. U.S. Total Army Personnel Command Letter, dated 4 August 1999, wherein the USAR notified her of the consideration for promotion by a SSB scheduled for January 2000 based on the ABCMR decision. c. Memorandum, Subject: Promotion Consideration, dated 28 March 2001 wherein the USAR notified her of her recommended promotion to the next higher permanent grade based on the decision in ABCMR Docket Number AR1999021749. d. U.S. Total Personnel Command Letter, dated 8 May 2001, notifying her of the completion of her promotion to MAJ with memorandum for promotion included. e. Memorandum for Promotion, dated 8 May 2001, issued by the U.S. Total Army Personnel Command recognizing her for promotion in the Reserve to the grade of MAJ. f. Orders Number H-08-102052A01, dated 22 October 2001, amended Orders Number H-08-102052 changing her report date/reporting unit from 4005th U.S. Army Hospital on 15 September 2001 to Brooke Army Medical Center on 3 November 2001. 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 applicant’s contentions, the military record, and regulatory guidance were carefully considered. a. The evidence of record shows the applicant was discharged from the USAR on 12 August 1996. In April 1999, the Board corrected her records by removing a referred OER and flag, and by sending her records for consideration by a special selection board for promotion to major, and that if she is selected for promotion, to reinstate her with full service credit and pay, and promote her to major. The applicant was considered for promotion to major and selected. She was issued a memorandum on 28 March 2001 informing her of her recommended promotion based on the ABCMR decision. The U.S. Army Human Resources Command issue her a promotion memorandum on 8 May 2001 and ordered her to report to her unit on 3 November 2001. She was reinstated and awarded service credit of 15 membership points and 35 inactive duty points for anniversary years 19960105 to 19970104, 19970105 to 19980104, 19980105 to 19990104, and 19990105 to 20000104 (according to her DA Form 5016). b. The Board noted however that she was reinstated on 3 November 2001 (according to orders issued by HRC (PERSCOM)). She did not receive service credit from 5 January 2000 to 4 January 2001 and for a portion of the year from 5 January 2001 to 3 November 2001. The Board determined relief is warranted for the missing points from 5 January 2000 to 3 November 2001. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 xx: xx: xx: GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army and Army National Guard records of the individual concerned be corrected by: • awarding the applicant 15 membership points and 35 inactive duty pints for anniversary year 5 January 2000 to 4 January 2001 • awarding the applicant appropriate membership credit and inactive duty credit for the period 5 January 2001 to 3 November 2001 • HRC will determine the appropriate number of points 9/5/2023 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 135-180 (Qualifying Service for Retired Pay Non-Regular Service) implements statutory authorities governing the granting of "retired pay" to Soldiers and former Reserve Components (RC) Soldiers. Paragraph 2-8 defines qualifying service and states, in pertinent part, that an RC Soldier must earn a minimum of 50 retirement points each retirement year to have that year credited as qualifying service. //NOTHING FOLLOWS//