RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 March 2007
DOCKET NUMBER: AR20060009975
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.
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 her total creditable retirement points for the years 2000-11-11 through 2001-11-10, 2001-11-11 through 2002-11-10, 2002-11-11 through 2003-11-10, 2003-11-11 through 2004-11-10, and 2004-11-11 through 2005-11-10 be adjusted to award her 50 points for each year.
2. The applicant states, in effect, she was notified by a memorandum dated 22 August 2005 that she was promoted to major by a Department of the Army (DA) Standby Advisory Board which convened in September 2004. Her date of rank was established as 19 July 2000. Had she been promoted by the proper board, she never would have been discharged on 23 March 2000 and would have earned the required points to qualify those years for retirement purposes.
3. The applicant provides:
a. ARPC Form 249-2-E (Chronological Statement of Retirement Points).
b. AHRC-MSL-N Orders B-09-506230, dated 26 September 2005.
c. Promotion Consideration memorandum, dated 22 August 2005.
d. ARPC-PSP-T-08 Orders D-03-018284, dated 21 March 2000.
e. AHRC-PAPt2-06-0000 Orders C-08-021645R, dated 19 August 2005.
f. Orders 06-122-00062, dated 2 May 2006.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the US Army Reserve (USAR) as an enlisted Soldier on 11 November 1976. On 11 May 1984, she was appointed a second lieutenant in the USAR. On 21 May 1991, she was promoted to captain.
2. The applicant served in the USAR continuously from 11 November 1976 through her discharge on 23 March 2000. She received her "20-year letter" qualifying her for non-regular retired pay at age 60 on 11 December 1996.
3. After her discharge from the USAR on 23 March 2000, the applicant attempted to gain a promotion relook on several occasions. The record shows
an inquiry dated 15 May 2002, followed by numerous subsequent inquiries culminating in her promotion by a DA Standby Advisory Board in late 2004. She received notification on 22 August 2005.
4. Once promoted, the applicant returned to the active USAR and earned a qualifying year for retirement purposes for the period 2005-11-11 through
2006-11-10. In addition, the US Army Human Resources Command (HRC),
St. Louis, MO awarded her 15 annual membership points for each of the 5 years from 2000-11-11 through 2005-11-10.
5. As a member of the USAR, a Soldier must have 20 qualifying years of service to be eligible for retired pay at age 60. A qualifying year is one in which the Soldier earns a minimum of 50 retirement points. By law, Soldiers may receive credit for up to 90 points in the retirement year that includes 30 October 2000 and in any subsequent year of service. However, for retired pay calculation purposes, Soldiers cant use more than 60 inactive points per year for Reserve years ending before 23 September 1996, or 75 inactive points per year for reserve years ending on or after 23 September 1996 through 29 October 2000. Points may be credited on the following basis: one point for each day of active service (active duty or active duty for training); 15 points for each year of membership in a Reserve Component; one point for each unit training assembly. (maximum 2 per calendar day, of 4-hours duration); one point for each day in which a member is in a funeral honors duty status (minimum of 2 hours); and satisfactory completion of accredited correspondence courses at one point for each three credit hours earned.
DISCUSSION AND CONCLUSIONS:
1. Through no fault of her own, the applicant was discharged on 23 March 2000 and did not earn sufficient points to receive a qualifying year for each year of the 5-year period in question. During this time, she attempted to gain promotion reconsideration and, in late 2004, she was successful. She was notified she was selected for promotion to major in August 2005. She immediately reentered the active USAR.
2. The applicant's promotion date to major was established as 19 July 2000. Had she been promoted by the appropriate board, she would have continued her active service and would have added to her 25 qualifying years of service.
3. As a matter of equity, the applicant should be awarded 35 inactive duty points, with pay, for the years in question, thus bringing the total for each year to 50 and making those 5 years qualifying for non-regular retired pay purposes.
BOARD VOTE:
__wdp___ __pms___ __jlp___ 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 Department of the Army records of the individual concerned be corrected by showing that she earned 35 inactive duty points, with pay, for each of the years 2000-11-11 through 2001-11-10, 2001-11-11 through 2002-11-10, 2002-11-11 through 2003-11-10, 2003-11-11 through 2004-11-10, and 2004-11-11 through 2005-11-10. When coupled with her already awarded 15 membership points for those years, her total creditable points should be changed to 50 for each retirement year.
William D. Powers
______________________
CHAIRPERSON
INDEX
CASE ID
AR20060009975
SUFFIX
RECON
DATE BOARDED
20070313
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
136.0600
2.
3.
4.
5.
6.
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