IN THE CASE OF:

		BOARD DATE: 12 July 2023

		DOCKET NUMBER: AR20230001419


APPLICANT REQUESTS:  constructive service credit for Anniversary Year Ending 
(AYE) 2010 and 2020.

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),  
5 November 2021
*	DA Form 5016, 31 August 2022
*	DA Form 5016, 5 November 2022
*	Email communication

FACTS:

1.  The applicant states in pertinent part that a recent change of her AYE date has 
resulted in a loss of qualifying years of service credit. She contests that the U.S. Army 
Human Resources Command (AHRC) adjusted her AYE date from 16 September to 
17 May which caused her to lose two previously credited qualifying years of service 
(2009-2010 and 2019-2020) to now fall short of the minimum required retirement points. 
On 4 January 2007, she transferred from the Active Component to the Reserve 
Component. At that time, AHRC calculated her AYE as 16 September. This date 
remained unchanged for approximately 15 years and served as the basis for how she 
managed her military service to insure she obtained the minimum 50 points required. 

2.  A review of the applicant's available service records reflects the following: 

   a.	On 18 May 2002, the applicant was appointed a Reserve Commission. 

   b.	On 14 September 2002, the applicant entered active duty.

   c.	On 4 January 2007, the applicant was released from active duty and transferred 
into the U.S. Army Reserve on 5 January 2007. 

   d.	On 31 October 2022, the applicant was issued a Notification of Eligibility for 
Retired Pay at Non-Regular Retirement (20-Year Letter).

3.  The applicant provides the following a: 

   a.	DA Form 5016 dated 5 November 2021, reflective of a chronological account of 
the applicant's qualifying service credit for active-duty service performed from 
17 September 1998 – 16 September 2021. Review of this document reflects 21 years, 3 
months, and 17 days of qualifying service towards retirement based on a 
16 September AYE. Since serving in the USAR, the applicant has obtained the 
minimum required 50 points for all years except for:

*	17 September 2006 – 16 September 2007, wherein the applicant received 47 
points (32 Inactive Duty Training (IDT)) and 15 membership)
*	17 September 2008 – 16 September 2009, wherein the applicant received 35 
points (20 IDT and 15 membership)

   b.	DA Form 5016 dated 31 August 2022, reflective of a chronological account of the 
applicant's qualifying service credit for active-duty service performed from  
17 September 1998 – 16 September 2021. Review of this document reflects 21 years,  
3 months, and 17 days of qualifying service towards retirement based on a 
16 September AYE. Since serving in the USAR, the applicant has obtained the 
minimum required 50 points for all years except for:

*	17 September 2006 – 16 September 2007, wherein the applicant received 47 
points (32 IDT and 15 membership)
*	17 September 2008 – 16 September 2009, wherein the applicant received 35 
points (20 IDT and 15 membership)

   c.	DA Form 5016 dated 5 November 2022, reflective of a chronological account of 
the applicant's qualifying service credit for active-duty service performed from  
17 September 1998 – 17 May 2022. Review of this document reflects 17 years,  
8 months, and 5 days of qualifying service towards retirement based on a 17 May AYE. 
This document further provides the following changes from the previously referenced 
documents: 

*	From 17 September 1998 – 17 May 2002, the applicant was an enlisted 
member serving within the Reserve Officers' Training Corps
*	From 18 May 2002 – 13 September 2002, the applicant was serving as a 
commissioned officer within the USAR (5 membership points)
*	The applicant was appointed a Regular Army commission, effective  
14 September 2002

Since serving in the USAR (5 January 2007), the applicant has obtained the minimum 
required 50 points, the applicant has obtained the minimum required 50 points for all 
years except for 18 May 2009 – 17 May 2010, wherein the applicant received 39 points 
(24 IDT and 15 membership); 18 May 2019 – 17 May 2020, wherein the applicant 
received 41 points (26 IDT and 15 membership). The periods of service completed prior 
to serving in the Regular Army (17 September 1998 – 13 September 2002) were not 
considered qualifying years of service towards retirement. 

   d.	Email communication reflective of the applicant being advised on  
24 October 2022, that a recent review of her retirement points history has resulted in 
corrections being made to her years of service. Her records now reflect 17 years of 
service. The applicant notes that she has already received her 20-year letter. 

4.  A review of the applicant's Officer Record Brief reflects an 18 May 2002 Date of 
Initial Entry into Military Service (DIEMS) and an 18 May 2002 Pay Entry Basic Date 
(PEBD).

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 applicant’s petition and available military records, the 
Board determined there is sufficient evidence to support correction to the applicant’s  
DA Form 5016 (Chronological Statement of Retirement Points) reflecting constructive 
service credit for Anniversary Year Ending (AYE) 2010 and 2020. The Board noted, the 
applicant’s record reflects, she entered active-duty 17 September 1998 versus the 17 
May date. The Board agreed based on the preponderance of evidence, relief is 
warranted. Therefore, relief is granted to correct the applicant service credit for 
Anniversary Year Ending (AYE) 2010 and 2020.


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 the evidence presented is 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 to show the applicant 
received constructive service credit for Anniversary Year Ending (AYE) 2010 and 2020.


	 
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.  Army Regulation (AR) 140-185 (Training and Retirement Point Credits and Unit 
Level Strength and Accounting Records) prescribes the types of training and activities 
for which retirement points are authorized and the procedures for recording retirement 
point credits and training for U.S. Army Reserve (USAR) Soldiers. The AYE date is the 
annual date that a Soldier's retirement point record is closed out. It is utilized when 
referring to retirement points accounting. The AYE is much like a Reserve Soldier's 
"Anniversary" date and is a primary date captured in the Retirement Points Accounting 
System (RPAS). The anniversary year periods listed on the DA Form 5016 are 
calculated from an anniversary date. The criteria for establishing the service 
requirement for a satisfactory year of service for non-regular retirement per DODI 
1215.07 and changing the anniversary year ending date are as follows:

	a.  The full-year periods used for the crediting of qualifying years for non-regular 
retirement must be based on the anniversary years. Anniversary year periods are 
calculated from an anniversary date. The anniversary date is the date the service 
member entered into active service or active status in a Reserve Component. 

   b.  The month and day for each successive anniversary year will not be adjusted 
unless the service member has a break in service. A break in service occurs only when 
a member transfers to an inactive status list, the Inactive National Guard, a temporary 
disability retired list, the Retired Reserve, or is discharged for longer than 24 hours. 
There will not be a break in service if the service member transfers directly to another 
active component or RC. When a service member with a break in service returns to an 
active Reserve status or to active service, the revised anniversary year start date will be 
the date of return or reentry.
   c.	A qualifying year of service for non-regular retired pay is a full year during which 
a RC member is credited with a minimum of 50 retirement points. Except as otherwise 
provided by law, an accumulation of 20 such years is one requirement necessary to 
qualify for non-regular retired pay.

2.  AR 600-8-7 (Retirement Services Program) provides that upon receipt of the 20-year 
Notification of Eligibility for Retired Pay Retired Pay at Non-Regular Retirement (20-
Year Letter), eligibility for retired pay based on non-regular service may not be denied or 
revoked on the basis of any error, miscalculation, misinformation, or administrative 
determination of years of service performed, unless it resulted directly from fraud or 
misrepresentation.

3.  AR 135-180 (Retirement for Non-Regular Service) provides that under 10 USC 
12731a Reserve Component Soldiers who complete the eligibility requirements will be 
notified in writing within 1 year after completion of the required service. The
Notification of Eligibility for Retired Pay at Age 60 (20 Year Letter) will be issued to 
Soldiers credited with 20 years of qualifying service and should be issued prior to 
discharge or transfer to the Retired Reserve. After a Soldier has been notified of their 
eligibility for retired pay for non-regular service, the Soldier's eligibility for retired pay 
may not be denied or revoked on the basis of any error, miscalculation, misinformation, 
or administrative determination of years of service performed, unless it resulted directly 
from the fraud or misrepresentation of the individual concerned. However, the number 
of years of creditable service upon which retired pay is computed may be adjusted to 
correct any error, miscalculation, misinformation, or administrative determination, and 
when such a correction is made, the person is entitled to retired pay in accordance with 
the number of years of creditable service, as corrected, from the date they are granted 
retired pay.

4.  Title 10, USC, section 1552 states the Secretary of a military department may correct 
any military record of the Secretary's department when the Secretary considers it 
necessary to correct an error or remove an injustice.

5.  AR 15-185 (ABCMR) paragraph 2-9 states the ABCMR begins its consideration of 
each case with the presumption of administrative regularity. The applicant has the 
burden of proving an error or injustice by a preponderance of the evidence.


//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20230001419


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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