RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 05 February 2008
DOCKET NUMBER: AR20070008414
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. Deyon D. Battle
Analyst
The following members, a quorum, were present:
Mr. Kenneth L. Wright
Chairperson
Mr. Antonio Uribe
Member
Mr. Ronald D. Gant
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 a recalculation of his retirement points.
2. The applicant states that the last drill he was credited for was on 17 September 1992, and that he has been credited for drilling 29 January 1993. He states that he has been credited with 2535 career points, and that he should have been credited with 2727 career points.
3. The applicant provides in support of his application, a copy of his Report of Separation and Record of Service (NGB Form 22) and a copy of his Army National Guard Retirement Points History Statement dated 21 December 1992.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant entered the Regular Army on 15 September 1952. On 24 August 1954, after completing 1 year, 11 months and 10 days of total active service, he was released from active duty and transferred to the United States Army Reserve (USAR). The applicant was honorably discharged from USAR on 1 July 1960, at the expiration of his term of service. He had completed 5 years, 10 months and 11 days of total inactive service.
3. On 28 July 1974, the applicant enlisted in the New Jersey Army National Guard (NJARNG) for 1 year. He remained a member of the NJARNG through a series of reenlistments and extensions.
4. Orders Number 036-021 was published on 5 February 1993, honorably discharging the applicant from the NJARNG, with an effective date of 29 January 1993, and placing him on the Retired List.
5. The NGB Form 22 that he was furnished at the time of his discharge shows that he completed 26 years, 3 months and 19 days of total service for pay purposes.
6. The Army National Guard Retirement Point History Statement, dated 21 December 1992, that the applicant submitted in support of his application shows that he was credited with 2727 total career points, 2535 total points for retired pay and 20 year, 00 months and 29 days of creditable service for retired pay.
7. On 30 September 1993, the applicant's retirement points were recomputed, and he was credited with 2760 total career points, 2561 total points for retired pay and 20 years, 5 months and 11 days of creditable service for retired pay. His National Guard Retirement Points History Statement shows that for the period covering 28 July 1992 through 29 January 1993, which was the final entry made to his statement prior to his retirement, he was credited with 20 inactive duty points, 8 membership points, 7 active duty points, 35 total career points, 35 total points for retired pay, and 6 months and 1 day of creditable service for retired pay. The applicant was furnished a copy of the recomputed retirement statement on 13 December 1993.
8. During the processing of this case an advisory opinion was obtained from the United States Army Human Resources Command, Retirements and Annuities, Human Resource Specialist, who opined that the applicant was retired with the correct amount of retirement points to include a recomputation of his retirement points. The Human Resource Specialist stated that he retired effective 29 January 1993 and that he can not drill and retire on the same day. The Human Resources Specialist stated that she was forwarding the applicant a copy of his final statement of retirement.
9. The applicant was furnished a copy of the advisory opinion on 24 September 2007. To date, there has been no response from the applicant regarding the advisory opinion.
DISCUSSION AND CONCLUSIONS:
1. There appears to be no error made in the computation of the applicant's retirement points.
2. The applicant's service was not correctly computed on 21 December 1992; however, his service was recomputed on 30 September 1993, and he was credited with appropriate amount of career points, points for retired pay, and creditable service for retired pay.
3. The applicant has provided no evidence to show that the recomputation that was accomplished on 30 September 1993 is incorrect; therefore, there is no basis for granting his request.
4. In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__KLW__ __AU___ __RDG___ 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.
____Kenneth L. Wright____
CHAIRPERSON
INDEX
CASE ID
AR20070008414
SUFFIX
RECON
DATE BOARDED
20080205
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1. 334
135.0200/RETIREMENT POINTS CREDIT
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4.
5.
6.
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