RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 January 2008
	DOCKET NUMBER:  AR20070008504 


	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

Mrs. Nancy L. Amos

Analyst


The following members, a quorum, were present:


Ms. Shirley L. Powell

Chairperson

Mr. Paul M. Smith

Member

Mr. Larry C. Bergquist

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 granted additional retirement points.

2.  The applicant states that for two and one-half years he served on a full-time basis but was paid with 5-day orders from the Indiana Army National Guard (INARNG).  When the Counterdrug (CD) Office at the National Guard Bureau (NGB) found out about this, they were appalled and amended their regulation to forbid such a practice.  On 19 March 1994, he went from the Public Affairs Office to the CD Office and was immediately put on 365 day ADSW until 30 September 2006.

3.  The applicant provides his active duty special work (ADSW) orders from       12 November 1991 through 18 March 1994; a Chronological Statement of Retirement Points; ten Fact Sheets, all dated 16 January 1996; and an extract from National Guard Regulation 500-2.

CONSIDERATION OF EVIDENCE:

1.  The applicant accepted a commission in the ARNG on 27 June 1985.  

2.  The applicant provided ADSW/annual training (AT) orders to show he was on active duty the following dates:

	12 through 15 November 1991
	18 through 22 November 1991
	25 through 26 November 1991
	2 through 6 December 1991
	9 through 13 December 1991
	16 through 20 December 1991
	26 through 30 December 1991
	2 through 3 January 1992
	6 through 10 January 1992
	13 through 17 January 1992
	21 through 24 January 1992
	27 through 31 January 1992
	3 through 7 February 1992
	10 through 14 February 1992
	18 through 22 February 1992
	24 through 28 February 1992
	2 through 6 March 1992
	9 through 13 March 1992
	16 through 20 March 1992
	30 March through 3 April 1992
	6 through 10 April 1992
	20 through 24 April 1992
	11 through 15 May 1992 (with temporary duty (TDY) 12 through 13 May)
	18 through 22 May 1992
	27 through 29 May 1992
	1 through 5 June 1992
	8 through 12 June 1992
	15 through 19 June 1992
	22 through 26 June 1992
	29 June through 3 July 1992
	6 through 10 July 1992
	13 through 17 July 1992
	20 through 24 July 1992
	27 through 31 July 1992
	3 through 7 August 1992
	10 through 14 August 1992
	24 through 28 August 1992
	31 August through 4 September 1992 (with TDY 3 through 9 September)
	7 through 11 September 1992 
(orders dated 30 October 1992 changed the period 31 August through               11 September 1992 to a TDY)
	14 through 18 September 1992
	21 through 25 September 1992
	28 through 30 September 1992
	1 through 2 October 1992
	5 through 9 October 1992
	13 through 16 October 1992
	19 through 19 October 1992 (orders were issued out of sequence)
20 through 24 October 1992
	26 through 30 October 1992
	2 through 6 November 1992
	9 through 13 November 1992
	16 through 17 November 1992 
18 through 22 November 1992 (orders were issued out of sequence)
23 through 27 November 1992
30 November through 4 December 1992
7 through 11 December 1992 (orders were issued out of sequence)
14 through 18 December 1992 (orders were issued out of sequence)
21 through 24 December 1992
28 through 31 December 1992
	4 through 8 January 1993
	11 through 15 January 1993
	18 through 22 January 1993 (later amended to 19 through 22 January 1993)
	25 through 29 January 1993
	1 through 5 February 1993
	8 through 12 February 1993
	15 through 19 February 1993 (later amended to 16 through 19 February 1993)
	22 through 26 February 1993
	1 through 5 March 1993
	8 through 12 March 1993
	15 through 19 March 1993
	22 through 26 March 1993
	29 through 31 March 1993
	1 through 2 April 1993
	5 through 9 April 1993
	12 through 16 April 1993
	18 through 23 April 1993 (with TDY 18 through 21 April 1993)
	26 through 30 April 1993
	3 through 7 May 1993
	10 through 15 May 1993
	17 through 21 May 1993
	24 through 29 May 1993
	1 through 4 June 1993
	7 through 11 June 1993
	14 through 18 June 1993
	21 through 25 June 1993
	28 through 30 June 1993
	1 through 2 July 1993
	6 through 9 July 1993
	12 through 16 July 1993
	17 through 18 July 1993 (orders were issued out of sequence)
	19 through 23 July 1993
	26 through 30 July 1993 (with TDY 26 through 29 July 1993)
	2 through 6 August 1993 (orders were issued out of sequence)
	1 through 6 August 1993 (AT orders)
9 through 13 August 1993
	15 through 20 August 1993 (orders were issued out of sequence)
	23 through 27 August 1993 (orders were issued out of sequence)
	30 through 31 August 1993 (orders were issued out of sequence)
	1 through 3 September 1993 (orders were issued out of sequence)
6 through 10 September 1993
	13 through 17 September 1993
	20 through 24 September 1993
	25 through 26 September 1993 (orders were issued out of sequence)
27 through 30 September 1993
	1 through 1 October 1993
	4 through 8 October 1993
	12 through 15 October 1993
	18 through 22 October 1993
	25 through 29 October 1993
	1 through 5 November 1993
	8 through 10 November 1993
	15 through 19 November 1993
	22 through 24 November 1993
	29 through 30 November 1993
	1 through 3 December 1993
	6 through 10 December 1993
	13 through 17 December 1993
	18 through 19 December 1993
	20 through 23 December 1993
	27 through 31 December 1993
	3 through 7 January 1994
	10 through 14 January 1994
	20 through 21 January 1994
	24 through 28 January 1994
	31 through 31 January 1994
	1 through 4 February 1994
	7 through 11 February 1994
	14 through 18 February 1994
	21 through 24 February 1994 (later amended to 22 through 25 February 1994)
	28 February through 4 March 1994
	7 through 11 March 1994
	14 through 18 March 1994

3.  The applicant’s Chronological Statement of Retirement Points, dated              1 October 2007, shows he earned 174 active duty points (and 48 inactive duty points) for retirement year ending (RYE) 26 June 1992; 246 active duty points (and 48 inactive duty points) for RYE 26 June 1993; 272 active duty points (and 36 inactive duty points) for RYE 26 June 1994; and 96 active duty points (and zero inactive duty points) for RYE 2 October 2006.

4.  The applicant’s Chronological Statement of Retirement Points, dated             11 January 2008, is slightly different from the Statement dated 1 October 2007   in that it shows he earned 283 active duty points for RYE 26 June 1994 and    111 active duty points (and 34 inactive duty points) for RYE 27 June 2006.  It does not list a RYE 2 October 2006.

5.  The applicant provided a Fact Sheet, dated 16 January 1996, from the NBG Judge Advocate.  The Fact Sheet noted that it was the policy of NGB – CD to permit the States to have maximum autonomy to execute their CD missions.  On occasion, however, NGB-CD had to intervene to remind the States that some polices were either not authorized or were examples of unwise management practices.  One example was the use of 5-day orders.  Some States had determined that they could save CD funds by putting their ADSW personnel on orders that ran Monday through Friday.  The Fact Sheet noted that that policy saved money but at a cost that was unacceptable in human terms.  The Fact Sheet cited the example of the Soldier who had been on 5-day orders for a number of years when she suffered an illness that was determined not to be in the line of duty since it had been initially incurred in a prior 5-day period of service.

6.  The applicant’s two available Chronological Statements of Retirement Points indicate he transferred to the U. S. Army Reserve either on 3 October 2006 or on 27 June 2006, depending on which Statement is being read.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending      30 September 2006 indicates he was still in the ARNG on 30 September 2006.  There are no available ARNG discharge orders or a separation document from the ARNG.

7.  On 31 December 2007, the applicant was assigned to the Retired Reserve.

8.  In the processing of this case, an advisory opinion was obtained from the Personnel Division, NGB.  The advisory opinion recommended the applicant be awarded a total of 856 retirement points for the period 12 November 1991 through 18 March 1994 and a total of 93 retirement points for the period 27 June through 30 September 2006.

9.  A copy of the advisory opinion was provided to the applicant for comment.  On 20 December 2007, he concurred with the advisory opinion.

DISCUSSION AND CONCLUSIONS:

1.  It appears that the applicant was in fact on continuous ADSW from               12 November 1991 through 18 March 1994 (a period of 856 days) even though his State issued him a series of primarily 5-day ADSW orders, evidently in an effort to save money.  It would be equitable to show that he served on continuous active duty and earned 856 active duty points for this period.
2.  However, inactive duty points cannot be earned at the same time that active duty points are earned.  Since the applicant concurred with the advisory opinion that recommended he be awarded a total of 856 retirement points for the period in question, it is presumed that he agrees that his inactive duty points must be reduced to zero during this same period.  He should still retain his annual          15 membership points during this period.  In addition, if he earned any additional active duty points (e.g., AT) during the portion of the applicable RYE prior to      12 November 1991, he should also retain those active duty points.

3.  The advisory opinion also recommended that the applicant be awarded a total of 93 retirement points for the period 27 June through 30 September 2006.

4.  It cannot be confirmed whether the applicant was in the ARNG after 27 June 2006.  It cannot be determined if the second period of active duty (i.e., 27 June through 30 September 2006) mentioned in the advisory opinion is already reflected on his Chronological Statement of Retirement Points.  Orders and a report of separation should be prepared to show he was discharged from the ARNG on the appropriate date and transferred to the appropriate U. S. Army Reserve Control Group the following date (remembering that he was assigned to the Retired Reserve on 31 December 2007).  His Chronological Statement of Retirement Points should then be updated to accurately reflect when his change of component occurred and to reflect his active duty points (given a release from active duty date of 30 September 2006).

BOARD VOTE:

__slp___  __pms___  __lcb___  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:

     a.  showing he was on continuous active duty from 12 November 1991 through 18 March 1994 and adjusting his active duty points (for a total of 856 retirement points) for the period in question, plus his annual 15 membership points during this period, plus any additional active duty points he may have earned during the portion of the applicable RYE prior to 12 November 1991, and minus any inactive duty points for the period in question that are now reflected on his Chronological Statement of Retirement Points;

     b.  preparing orders and a report of separation to show he was discharged from the ARNG on the appropriate date and transferred to the appropriate U. S. Army Reserve Control Group the following date (remembering that he was assigned to the Retired Reserve on 31 December 2007); and

     c.  after the ARNG discharge orders and report of separation are prepared, updating his Chronological Statement of Retirement Points to accurately reflect when his change of component occurred and to reflect his active duty points given a release from active duty date of 30 September 2006.




__Shirley L. Powell___
          CHAIRPERSON




INDEX

CASE ID
AR20070008504
SUFFIX

RECON

DATE BOARDED
20080129
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
135.02
2.

3.

4.

5.

6.