RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 5 April 2007
DOCKET NUMBER: AR20060009402
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Mr. Gerard W. Schwartz
Acting Director
Ms. Wanda L. Waller
Analyst
The following members, a quorum, were present:
Ms. Linda Simmons
Chairperson
Mr. Jeffrey Redmann
Member
Mr. Scott Faught
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that he be credited with 41 inactive duty points and 15 active duty points for the period 30 November 1996 to 29 November 1997. He also requests that he be credited with 247 inactive duty points for the period 9 April 1984 to 11 December 1984.
2. The applicant does not provide an explanation.
3. The applicant provides a National Guard Bureau Form 22 (Report of Separation and Record of Service); a DD Form 4/1 (Enlistment/Reenlistment Document); a DD Form 4/2; and a DD Form 4/3.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of alleged errors which occurred on
29 November 1997. The application submitted in this case is dated 22 June 2006.
2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicants failure to timely file.
3. The applicant enlisted in the Air Force Reserve on 9 April 1984 for a period of 6 years under the Delayed Entry Program (DEP). On 12 December 1984, he entered active duty in the U.S. Air Force and was discharged on 11 November 1990.
4. The applicant enlisted in the Army National Guard on 30 November 1994. On 29 November 1997, the applicant was honorably discharged from the Army National Guard.
5. The available Statement of Retirement Points does not show the applicant earned any inactive or active duty points for the period 30 November 1996 to
29 November 1997.
6. Army Regulation 140-185 (Training and Retirement Point Credits and Unit Level Strength) states, in pertinent part, that only Ready Reserve Soldiers (other than Reserve Officers Training Corps (ROTC) and Delayed Entry Control Group Soldiers) and Active Standby Reserve are authorized retirement point credit.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicant was in the Air Force DEP from
9 April 1984 to 11 December 1984. The governing regulation states that Delayed Entry Control Group Soldiers are not authorized retirement point credit. Therefore, there is no basis for granting the applicants request for 247 inactive duty points for the period 9 April 1984 to 11 December 1984.
2. Evidence of record shows the applicant was in the Army National Guard during the period 30 November 1996 to 29 November 1997. Although he contends that he earned 41 inactive duty points and 15 active duty points for that year, there is no evidence of record and the applicant did not provide any evidence which shows he earned any inactive or active duty points during that period. It is noted that the applicant is entitled to 15 membership points for that year. Therefore, it would be appropriate to correct his military records to show he earned 15 membership points for retirement year 30 November 1996 to
29 November 1997, if his records have not already been corrected to show these points.
3. Records show the applicant should have discovered the alleged errors now under consideration on 29 November 1997; therefore, the time for the applicant to file a request for correction of any error expired on 28 November 2000. The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
LS_____ ___JR___ __SF___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his military records to show he earned 15 membership points for retirement year 30 November 1996 to 29 November 1997, if his records have not already been corrected to show these points.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to his requests for any inactive duty or active duty points.
__Linda Simmons_______
CHAIRPERSON
INDEX
CASE ID
AR20060009402
SUFFIX
RECON
DATE BOARDED
20070405
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
135.0200
2.
3.
4.
5.
6.
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