IN THE CASE OF:  
 
  BOARD DATE: 9 January 2024 
 
  DOCKET NUMBER: AR20230006740 
 
 
APPLICANT REQUESTS:  in effect, restoration of retirement points lost because of her unsatisfactory participation.  
 
APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: 
 
• DD Form 149 (Application for Correction of Military Record) 

• Marriage Certificate 

• Department of Veterans Affairs rating Decision  

• Email clarifying his request  


 
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 she is requesting to have days missed, restored back into the system for her retirement points. The circumstances surrounding her absence were that she did not trust anyone in her space overnight or one on one. What she thought and still going through, was not her fault and she should not be punished for it. She is still in recovery.  
 
3.  Review of the applicant’s service records shows: 
 
 a.  She enlisted in the U.S. Army Reserve on 13 October 1992. She entered active duty for training (ADT) on on 2 November 1992 and completed training for award of military occupatioanl specialty (MOS) 94B, Cook. 
 
 b.  She was released from ADT on 26 March 1993 to the control of her Reserve unit. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she completed 4 months and 25 days of active service, and she received an uncharacterized discharge. 
 
 c.  She was assigned to the 2nd Battalion, 317th Training Brigade, Fort Lee, VA, a troop program unit of the U.S. Army Reserve.  
 
 d.  Between July 1994 and December 1994, her commander informed her via multiple letters, the last of which in December 2013, Subject: Letter of Instruction – Unexcused Absence that: 
 
  (1)  Attendance records for this unit show that she was absent from the scheduled unit training assembly (UTA) or multiple unit training assembly (MUTA) for period(s) 2 on 94/12/02; 1 on 94/12/03; 2 on 94/12/03; 1 on 94/12/04; and 2 on 94/12/04. 
 
  (2)  Under Army Regulation 135-91, Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures, she is required to attend all scheduled unit training assemblies and annual training periods. In addition, she is required to participate in a satisfactory manner regarding proper military appearance and performance of assigned duties. 
 
  (3)  Unless the absences indicated in paragraph 1 are excused, she will have accrued 13 unexcused absences within a 1 year period. The 1 year period begins on the date she incurs her first unexcused absence. 
 
 e.  On 13 February 1995, Headquarters, 80th Division (Institutional Training) published Orders 044-11 releasing her from her current assignment and transferring her to the U.S. Army Reserve Control Group (Annual Training) as an unsatisfactory participant, effective 13 February 1995, in accordance with AR 140-10, Assignments, Attachments, Details, and Transfers.  
 
 f.  On 27 April 1998, the U.S. Army Human Resources Command published Orders C-04-813456 transferring her from the U.S. Army Reserve Control Group (Annual Training) to the 499th Quartermaster Company, Richmond, VA.  
 
 g.  On 24 May 2000, Headquarters, 99th Regional Support Command published Orders 145-004 reassigning her from the 499th Quartermaster Company to the U.S. Army Reserve Control Group (Annual Training) for personal reasons.  
 
 h.  On 28 September 2000, he was issued orders transferring her from the U.S. Army Reserve Control Group (Reinforcement) to a troop program unit, 319th Infantry Regiment.  
 
 i.  On 14 May 2001, Headquarters, 80th Division (Institutional Training) published Orders 01-134-004 releasing her from her current assignment and transferring her to the U.S. Army Reserve Control Group (Annual Training) as an unsatisfactory 
participant, effective 1 April 2001, in accordance with AR 140-10, Assignments, Attachments, Details, and Transfers.  
 
 j.  On 17 May 2001, she was issued orders releasing him from the U.S. Army Reserve Control Group.  
 
4.  On 7 September 2023, the U.S. Army Human Resources Command provided an advisory opinion in the processing of his case. An HRC official stated their office audited and updated the applicant’s DA Form 5016 (Chronological Statement of Retirement Points). HRC attached an updated DA Form 5016 that shows 2 creditable reserve retirement years and 388 cumulative retirement points.  
 
5.  The applicant was provided with a copy of this advisory opinion to give her an opportunity to submit a rebuttal and/or additional comments. She did not respond. 
 
6.  The applicant does not provide evidence of the reasons for her multiple unsatisfactory participation or excusal from training by her commander/chain of command. Likewise, she does not provide evidence that of:  
 
• Re-scheduled training (RST) 

• Make-up assemblies for missed BA (Battle Assemblies) due to Annual Training (AT)  

• Equivalent training (ET) in lieu of scheduled BA or RST. 

• Additional training assemblies (ATA). 


 
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 evidence of record shows the applicant served in the USAR from 13 October 1992 to 17 May 2001. Her service record contains multiple letters of instruction for unexcused absences as well as multiple orders reassigning her to the IRR due to unsatisfactory participation. Moreover, the applicant neither indicates the exact dates missed nor provides evidence that she was excused from training by her commander/chain of command. Likewise, she does not provide evidence that of re-scheduled training, make up assemblies for missed training, equivalent training in lieu of scheduled training, or completion of additional training assemblies. Furthermore, the Board reviewed and noted that HRC audited and updated the applicant’s DA Form 5016 (Chronological Statement of Retirement Points), that shows 2 creditable reserve retirement years and 388 cumulative retirement points. The Board determined there is insufficient evidence to restore retirement points lost because of her unsatisfactory participation 
 
BOARD VOTE: 
 
Mbr 1 Mbr 2 Mbr 3 
 
: : : GRANT FULL RELIEF 
 
: : : GRANT PARTIAL RELIEF 
 
: : : GRANT FORMAL HEARING 
 
:xx :xx :xx DENY APPLICATION 
 
 
BOARD DETERMINATION/RECOMMENDATION: 
 
Except for the correction addressed in Administrative Note(s) below, the Board found 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. 

  1/9/2024

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. 
 
 
ADMINISTRATIVE NOTE(S): 
 
AR 635-8 (Separations Processing and Documents), currently in effect, states in paragraph 5-6 states:  "When a RC Soldier successfully completes initial active duty training the character of service is Honorable unless directed otherwise by the separation approval authority." As a result, amend the applicant’s DD Form 214 ending on 26 March 1993 to show Character of Service: Honorable.  
 
 
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.  Army Regulation 140–10, Army Reserve, Assignments, Attachments, Details, and Transfers, covers policy and procedures for assigning, attaching, removing, and transferring U.S. Army Reserve Soldiers. It provides for procedures for removing Soldiers from an active status. Paragraph 4–16. Involuntary reassignment for unsatisfactory participation: 
 
 a.  A Troop Program Unit or Individual Mobilization Augmentee Soldier who completed IET (initial entry training), has future mobilization potential as determined by their commander, was awarded an MOS (military occupational specialty), and is not within 3 months of ETS (expiration of term of service), and who fails to participate satisfactorily, may be reassigned to the appropriate control group of the IRR (Individual Ready Reserve). Involuntary reassignment is discretionary and may be made in lieu of discharge proceedings, when determined to be in the best interest of the Army. Commanders will not take reassignment action under this paragraph solely to spare a Soldier from administrative separation proceedings for other than unsatisfactory participation. 
 
 b.  A Soldier who has not completed IET and has not been awarded an MOS, or is within 3 months of ETS, will not be reassigned to the IRR as an unsatisfactory participant.  
 
 c.  The Commander, U.S. Army Human Resources Command will not limit the enlisted career management of Soldiers who were former unsatisfactory participants. Soldiers will be evaluated individually on their desire to continue service with the Army.  
 
3.  Army Regulation 140–185, Army Reserve, Training and Retirement Point Credits and Unit Level Strength Accounting Record, sets responsibilities and procedures to establish and maintain retirement records prescribing the types of training and activities for which retirement points are authorized. Paragraph 2–2. Criteria for earning retirement points. Paragraph 2-2 states retirement points may be earned by USAR Soldiers for active duty or duty in an active status for active duty for training (ADT), initial active duty for training (IADT), involuntary active duty for training (involuntary ADT), voluntary IDT, annual training (AT), IDT, membership points, and for other activities specified in this regulation. The following types of IDT are in accordance with AR 140–1:  
 
• Regularly scheduled unit training assembly include battle assemblies (BA) formally known as unit training assemblies. 

• Re-scheduled training (RST). 


• Make-up assemblies for missed BA due to AT. 

• Equivalent training (ET) in lieu of scheduled BA or RST. 

• Additional training assemblies (ATA). 

• Two-hour funeral honor IDT. 

• Training of individual Soldiers in non-pay status 


 
4.  Army Regulation 635-8 (Separation Processing and Documents), currently in effect, prescribes policy and procedural guidance relating to transition management.  Specifically, it references instruction related to the preparation of the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. 
 
 a.  Paragraph 5-1f states that a DD Form 214 will be prepared for Reserve Component (RC) Soldiers completing active duty that results in the award of an MOS, even when the active duty period was less than 90 days (for example, completion of the advanced individual training component of ARNGUS Alternate Training Program or USAR Split Training Program). 
 
 b.  Paragraph 5-6 states:  "When a RC Soldier successfully completes initial active duty training the character of service is Honorable unless directed otherwise by the separation approval authority." 
 
//NOTHING FOLLOWS//