RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 10 July 2007
DOCKET NUMBER: AR20060016434
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.
Ms. Catherine C. Mitrano
Director
Ms. Wanda L. Waller
Analyst
The following members, a quorum, were present:
Ms. Kathleen Newman
Chairperson
Ms. Susan Powers
Member
Mr. Edward Montgomery
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 17 retirement points be applied to retirement year ending (RYE) 12 June 1996.
2. The applicant states that from 31 July 1995 through 10 December 1995 she was assigned to the 341st Military Police Company in San Jose, California, that she was applying for recruiter duty, and that her drills were spent at the U.S. Army Recruiting Station in Dublin, California. She contends that she made numerous attempts to correct the participation points during this time on her retirement point statement, that she was not paid for this time, and that due to the units inability to keep accurate records she may not be able to retire when she reaches her twenty years on 7 June 2007. She points out that she spent 360 days in the Delayed Entry Program before leaving for basic training and that she did not receive points for this extra time. She further states that retirement points for correspondence courses do not appear on her retirement point statement.
3. The applicant provides 14 enclosures outlined on a memorandum, dated
11 November 2006.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve (USAR) on 13 June 1986 for a period of 8 years under the Delayed Entry Program (DEP). On 8 June 1987, she enlisted in the Regular Army for a period of 3 years. She was released from active duty on 7 June 1990 and transferred to the USAR. She enlisted in the Army National Guard on 30 September 1991 and was honorably discharged on 31 July 1995. She enlisted in the USAR on 31 (sic) July 1995 for a period of
3 years. On 30 July 1996, she was honorably discharged from the USAR. She enlisted in the Army National Guard on 31 July 1996. She attained the rank of master sergeant on 25 September 2004.
2. The applicants Army National Guard Current Annual Statement, prepared on 5 July 2006, shows that she had completed 18 years and 4 days of creditable service for non-regular retirement at age 60. The statement shows that during RYE 12 June 1996 she earned 33 retirement points (18 inactive duty points and 15 membership points).
3. In support of her claim, the applicant provided 10 correspondence course certificates, dated 1988 to 1999. Her Army National Guard Retirement Points History Statement was updated on 25 June 2007 to include these
correspondence courses (5 points were added to RYE 20 June 1990; 24 points were added to RYE 12 June 1991; 3 points were added to RYE 12 June 1997;
4 points were added to RYE 12 June 2006; and 78 points for RYE 12 June 2007). This updated statement shows she has completed 19 years and 4 days of creditable service for non-regular retirement at age 60 as of 25 June 2007. The statement still shows, however, that during RYE 12 June 1996 she earned 33 retirement points (18 inactive duty points and 15 membership points).
4. The applicant also provided Leave and Earnings Statements for the period
17 February 1995 to 31 December 1996. These statements show that, for RYE 12 June 1996, she was paid for drills in September 1995 and June 1996.
5. 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 USAR DEP from
13 June 1986 to 7 June 1987. 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 retirement points during this time frame.
2. The applicant contends that retirement points for correspondence courses do not appear on her retirement point statement. Her Army National Guard Retirement Points History Statement was updated on 25 June 2007 and she was credited with retirement points for the completed correspondence courses she provided with her application.
3. The applicant was in the Army National Guard during the period 13 June 1995 to 31 July 1995. She was in the USAR during the period 31 (sic) July 1995 to
12 June 1996. Her contentions were noted. However, the applicant did not provide any evidence which shows she earned any additional inactive or any active duty points during the period 13 June 1995 to 12 June 1996. Therefore, there is an insufficient basis for granting her request that 17 retirement points be applied to retirement year ending (RYE) 12 June 1996.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
KN_____ __SP____ __EM____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented 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.
___Kathleen Newman____
CHAIRPERSON
INDEX
CASE ID
AR20060016434
SUFFIX
RECON
DATE BOARDED
20070710
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
135.0200
2.
3.
4.
5.
6.
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