IN THE CASE OF: BOARD DATE: 14 April 2015 DOCKET NUMBER: AR20140013041 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his military records by showing his period of Inactive National Guard (ING) service started on 11 October 1994. 2. The applicant states his ING status was to start on 11 October 1994, so that he would be able to complete a qualifying year on 10 October 1994. He contends that he completed all of his required drills for the year and his points are good. His last drill was during 23-25 September 1994, which was past the start date for his ING service. 3. The applicant provides copies of: * A DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 1 October 1985 for service in the Naval Reserve * A Certificate of Extension for the period from 10 October 1993 to 10 October 1994 * Master Military Pay Account (MMPA) Printouts for each month from 29 October 1993 to 30 November 1994 * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) effective 9 October 1995 * NGB Form 55 (Honorable Discharge Certificate, Army National Guard (ARNG)), dated 9 October 1995 * A DD Form 214 ending on 25 April 2006 for ARNG service * A DD Form 214 ending on 3 November 2009 for ARNG service * An Army National Guard Retirement Points History Statement, prepared on 28 April 2011 * A letter from the Defense Finance and Accounting Service (DFAS) to the applicant, dated 14 July 2012 * An email communication from Military Personnel Services Corp. to the California ARNG (CAARNG), dated 16 November 2012 * A letter from the applicant addressed to "to whom it may concern," dated 12 December 2012 * Email communication from the 185th Armor Battalion to the CAARNG, subject: "RPAS Correction," dated 30 August to 2 November 2013 * Email communication between the U.S. Army Human Resources Command and the CAARNG dated between 4 and 11 February 2014 CONSIDERATION OF EVIDENCE: 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 Army Board for Correction of Military Records (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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant's ARNG Retirement Points History Statement, prepared on 28 April 2011, indicates that his anniversary year end date was 10 October for the years of 1991, 1992, and 1993. He had completed a total of 59 points towards retirement for the year commencing on 11 October 1993. This document also shows that his anniversary year end date was changed to 24 September 1994 causing him to be 16 days short of completing a full year of service in an active status. This denied him a qualifying year for retirement. His anniversary year end date was changed based on his status change from an active status to an ING status. 3. The applicant's MMPA printouts show that he performed drill on September 23, 24, and 25 September 1994. These documents also indicate that the required drills for the month of October 1994 were scheduled after the 10th of the month, which should have been his anniversary year end date. 4. Department of Defense Instruction Number 1215.07, dated 24 January 2013, provides policy and procedures concerning service credit for non-regular retirement. It states that a qualifying year of service for non-regular retired pay is a full year in which the member is credited with a minimum of 50 retirement points. Full-year periods used for the crediting of qualifying years for non-regular retirement must be based on anniversary years. The month and day of the start date for each successive anniversary year will not be adjusted unless the service member has a break in service. A break in service occurs when a service member transfers to an inactive status list, the ING, the Retired Reserve, or is discharged to civilian life for longer than 24 hours. DISCUSSION AND CONCLUSIONS: 1. The applicant contends, in effect, that his military records should be corrected by showing his anniversary year end for 1994 as 10 October 1994, and his period of ING service as starting on 11 October 1994. 2. The available evidence shows that the applicant had completed his monthly drills on 23, 24 and 25 September 1994. Accordingly, he could not have been in an ING status until after these dates. 3. Because his anniversary year commenced on 11 October 1993 and he had completed all of his required drills, it would have been appropriate to have started his ING after his normal anniversary year end date of 10 October 1994. 4. In view of the above, the applicant's records should be corrected to show he completed a full and qualifying year for retirement from 11 October 1993 to 10 October 1994 and that the following anniversary year commenced on 11 October 1994. BOARD VOTE: ____x___ ___x____ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all State Army National Guard records and the Department of the Army records of the individual concerned be corrected by showing he completed a full and qualifying year for retirement from 11 October 1993 to 10 October 1994 and that the following anniversary year commenced on 11 October 1994. ____________x______________ CHAIRPERSON 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. ABCMR Record of Proceedings (cont) AR20140013041 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140013041 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1