IN THE CASE OF: 
BOARD DATE: 6 December 2023 
DOCKET NUMBER: AR20230005385 


APPLICANT REQUESTS: reconsideration of his previous request for retirement point credits for qualifying years of service for retired pay at age 60. 

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






•DD Form 149 (Application for Correction of Military Record)•Personal Letter•Driver License and Veteran's Affairs (VA) Identification Card•Orders Number M-07-701505, 20 July 2007•Orders Number M-07-701-505A01, 13 August 2007•Orders Number C-08-726314, 31 August 2007•AHRC Form 249-2-E (Chronological Statement of Retirement Points),8 January 2009•Orders Number D-03-105448, 10 March 2021•United States Army Reserve Command, Deputy Chief of Staff, G-1 Letter, 2 November 2021•DA Form 5016 (Chronological Statement of Retirement Points),14 February 2023

FACTS: 

1.Incorporated herein by reference are military records which were summarized in theprevious consideration of the applicant's case by the Army Board for Correction ofMilitary Records (ABCMR) in Docket Number AR20090007411 on 15 October 2009.

2.The applicant states, in pertinent part, his retirement point credits need to bereevaluated for the years during 1979 to 2021. He acknowledges the Army does notgive away free points, however, he would like to request some leeway or exemption tothe rule in this case (granted honorary points). The Army Reserve Units which heattended have since been closed, with no way to retrieve sign-in log sheets or otherevidence to prove his whereabouts during drill or annual training to add additional pointsto DA Form 5016. The years in question are found in the beginning of his career andwere unable to be uploaded to his Microfiche. Activation to active duty was authorized inan order form but was covert in nature. He was cleared for a dual role and resuming hiscurrent employment duties and carrying out a military function, no records are to be found. He has been disabled since 2013 which left him unable to perform any military tasks or missions to further any new retirement points. He requests a focused review on the years listed above so that he can claim at least 15 good years to comply with the new article, chapter 61, Title 10, United States Code, section 12731B, medically disabled to complete a full 15-20 years to retire. 

3.A review of the applicant's available service record reflects the following:

a.On 18 June 1979, he enlisted in the U.S. Army Reserve (USAR) and continuedservice through reenlistments. 



b.ABCMR Docket Number AR20090007411 decided on 15 October 2009, wherein


the applicant requested to be credited with qualifying years of service for retired pay at age 60. The Board determination states, "the evidence does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned." 

c.DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated


3 April 2018 shows he extended his 26 December 2011 enlistment and was currently assigned to the USAR Control Group (Reinforcement). He extended his period of service by 2 years, 8 months, and 37 days and his new expiration term of service was 
1 July 2021. 

d.On 10 March 2021, the U.S. Army Human Resources Command (HRC) issued


Orders Number D-03-105448 honorably discharging him from the USAR with a retroactive effective date of 17 January 2021. 

e.DA Form 5016 (Chronological Statement of Retirement Points), dated


21 June 2023 shows 14 creditable Reserve retirement years and 1908 cumulative retirement points for service years from 18 June 1979 to 16 January 2021. 



4.The applicant provides the following:a. Driver License and VA identification card as supporting


evidence for his request. 

b.Orders Number M-07-701505, dated 20 July 2007, previously reviewed under


ABCMR Docket Number AR20090007411. 

c.Orders Number M-07-701505A01, dated 13 August 2007, previously reviewed


under ABCMR Docket Number AR20090007411. 
d.Orders Number C-08-726314, dated 31 August 2007, previously reviewed under


ABCMR Docket Number AR20090007411. 

e.AHRC Form 249-2-E dated 8 January 2009 showing at the time the applicantcompleted 12 years of qualifying service for retirement. 



f.United States Army Reserve Command, Deputy Chief of Staff, G-1 Letter, dated


2 November 2021 stating, in effect: 

1.Based on a phone conversation on 7 October 2021, the applicant explained


that during a civilian deployment to Kuwait as a Department of Defense (DoD) contractor from 2000 to 2013, that he received and fulfilled military orders from  
26 August 2007 through 28 September 2008, for 400 days in support of Operation Iraqi Freedom. He also explained that he did not receive a DD Form 214 (Certificate of Release or Discharge from Active Duty) after completing those orders because he continued to work as a DoD contractor in Kuwait and did not return to the United States until 2013. 

2.Per Army Regulation (AR) 140-185 (Training and Retirement Point Credits


and Unit Level Strength Accounting Records), paragraph 3-1, he must submit the source documents to the U.S. Army Human Resources Command Retirement Points Team at usarmy.knox.hrc.mbx,rpmd-ord-retirement-points@army.mil  to receive retirement points for the active duty time. He may also request a DD Form 214 in accordance with AR 635-8 (Separation Processing and Documents), paragraph 5. He may send the request via mail to Commander, U.S. Army Human Resources Command, Human Resources Service Center (AHRC-PDR-V), 1600 Spearhead Division Avenue, Department 420, Fort Knox, Kentucky 40122-5402 or via unencrypted email to usarmy.knox.hrc.mbx.tagd-ask-hrc@army.mil. 

3.If he needs to request the leave and earnings statement as a source


document, he may contact the Defense Finance and Accounting Service at https://www.dfas.mil/dfas/AskDFAS/. 

5.On 21 June 2023, the HRC, Chief, Army Service Center, provided an advisoryrecommending disapproval of the applicant's request, stating, in effect, based on thedocuments within his official military personnel file, the DA Form 5016 is correct asissued. It shows 14 creditable Reserve retirement years and 1908 cumulative retirementpoints. This document is not added into iPERMS, but it can be accessed by theapplicant within the DS LOGON.

6.On 30 June 2023, the applicant was provided with a copy of the advisory opinion toprovide a response.

7.On 1 July 2023, he provided a rebuttal to the advisory reiterating his openingstatement to the Board. Additionally, he states in effect, the years in question are on theborder line of a complete 50-point year. First year, 2000, with 36 points. Second year,1997, with 47 points. Third year, 1986, with 42 points. Fourth year, 1984, with 46 points.Due to these circumstances, he only requests retirement points to be granted for 2007,located on the submitted 249-E.

BOARD DISCUSSION: 

1.After reviewing the application, all supporting documents, and the evidence foundwithin the military record, the Board found that relief was not warranted. The Boardcarefully considered the applicant's record of service, documents submitted in supportof the petition and executed a comprehensive and standard review based on law, policyand regulation.  Upon review of the applicant’s petition, available military records andthe HRC, Chief, Army Service Center advisory opinion, the Board concurred with theadvising official finding in effect, based on the documents within the applicant’s officialmilitary personnel file, the DA Form 5016 is correct as issued. It shows 14 creditableReserve retirement years and 1908 cumulative retirement points. The Board determinedthere is insufficient evidence to support the applicant’ s contentions for retirement pointcredits for qualifying years of service for retired pay at age 60. Further, the Board noted,without DFAS records to support the applicant’s claim, the Board found no error orinjustice and agreed the amending the previous Board’s decision is without merit anddenied relief.

2.This board is not an investigative body.  The Board determined despite the absenceof the applicant’s reserve records, they agreed the burden of proof rest on the applicant,however, he did not provide any supporting documentation and his service record hasinsufficient evidence to support the applicant contentions of retirement points.


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 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 to amend the decision of the ABCMR set forth in Docket Number AR20090007411 on 15 October 2009.  


Microsoft Office Signature Line...
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.AR 140-185 (Training and Retirement Point Credits and Unit Level StrengthAccounting Records), paragraph 3-3 (DA Form 1380) provides that the DA Form 1380is utilized to record IDT performed by non-unit Soldiers under the jurisdiction of HRCwho are attached for retirement points only to USAR Troop Program Units, ArmyNational Guard units, or to another service or component for training. Only attachedSoldiers are authorized to perform IDT with the exception of one annual physical healthassessment each for medical and dental readiness when authorized by the commandprior to the event. Non-unit Soldiers attached for retirement point credit to IMAdetachments are reported on DA Form 1379 (U.S. Army Reserve Components UnitRecord of Reserve Training) for those units.
a.Nonpaid DA Forms 1380 will not be entered into ADARS and will be forwarded toHRC for award of retirement points no later than the end of each duty month.  
b.With regard to awarding of retirement points for IDT (Four-Hour Rule), ServiceMembers will be awarded one point for each 4-hour period of IDT duty performed. Maximum of two points per calendar day applies to IDT duty. Duty must be 8 hours in duration to receive two points per day.   
c.Only attached Soldiers are authorized to perform IDT with the exception of oneannual physical health assessment each for medical and dental readiness when authorized by the command prior to the event. Non-unit Soldiers not attached to a unit are prohibited from performing IDT.   
2.  AR 135-180 (Army National Guard (ARNG) and Army Reserve – Qualifying Service for Retired Pay Non-Regular Service), states in paragraph 2-1, to be eligible for retired pay, an individual need not have a military status at the time of application, but must have: 
• attained age 60 

• a minimum of 20 years of qualifying service computed under Title 10, USC, section 12732; or; 

• 15 years of qualifying service, and less than 20, computed under Title 10, USC, section 12732, if the individual is to be separated because the Soldier has been determined unfit for continued Selected Reserve service 


 
//NOTHING FOLLOWS//