RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  11 December 2007
	DOCKET NUMBER:  AR20070010783 


	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

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. William D. Powers

Chairperson

Mr. Michael J. Flynn

Member

Ms. Sherry J. Stone

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 correction of her records to show:

	a.  the correct periods of active duty and active duty tours for the purpose of correcting retirement points.

	b.  medical retirement after completing 14 years and 7 months in the U.S. Army Reserve (USAR).

2.  The applicant states that:

	a.  her Chronological Statement of Retirement Points (ARPC Form 249-2-E) reflects an incorrect number of points.  She further adds that she has all her Leave and Earning Statements (LES) from November 1978 to 2001 and accompanying orders to, in effect, show that she did not receive correct service credit for her periods of service.  She also adds that there was a break in service during her military career and that her goal has always been to voluntarily serve to the best of her ability and retire at the 20-year mark, but due to a medical condition (heart attack), she was not authorized reenlistment to complete sufficient number of years to meet her retirement goal.

	b.  she attempted to reenlist for her last five years, but the doctor would not clear her for reenlistment due to her heart attack.  She further states that there were mitigating factors that should be reviewed and that her inability to reenlist impacted her life and caused her deep depression.

3.  The applicant provides the following additional documentary evidence in support of her application:

	a.  self-authored statement, dated 19 July 2001.

	b.  DD Form 214 (Report of Separation from Active Duty), dated 31 May 1979.

	c.  two copies of her National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), dated 13 January 2001.

	c.  Standard Form (SF) 180 (Request Pertaining to Military Records), dated 16 April 2007.

	d.  AHRC Form 600-E (Chronological Statement of Retirement Points), dated 9 February 2007.

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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show that she initially enlisted in the Kentucky Army National Guard (KYARNG) on 7 July 1978 for a period of 3 years in the grade of private/E-1.  She attended basic combat and advanced individual training during the period 2 November 1978 through 31 May 1979 and was awarded military occupational specialty (MOS) 73C (Finance Specialist).  She was assigned to the 614th Military Police Company, Louisville, Kentucky.

3.  On 19 August 1981, the Commonwealth of Kentucky, Department of Military Affairs, Frankfurt, Kentucky, published Orders 162-8, honorably discharging the applicant from the KYARNG, effective 6 July 1981, and assigning her to the USAR Control Group (Reinforcement).

4.  On 10 June 1982, Office of the Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, Missouri, published Order C-06-112136.  This Order reassigned the applicant from the USAR Control Group (Reinforcement) to the 100th Reception Station, 100th Division, Louisville, Kentucky, with an effective date of 27 May 1982.  The Order cited the reason as "voluntary" under the provisions of Army Regulation 140-10 (Assignments, Attachments, Details, and Transfers).

5.  On 7 March 1984, Headquarters, 100th Division, Louisville, Kentucky, published Orders 051-026.  These Orders relieved the applicant from her assignment to the 100th Reception Station, Louisville, Kentucky, and assigned her to the USAR Control Group (Annual Training), with an effective date of 27 January 1984, for completion of her enlistment.
6.  On 15 December 1985, the applicant was promoted to specialist four/pay grade E-4 and was awarded MOS 75D (Personnel Records Specialist) as her primary MOS.

7.  On 2 March 1987, the applicant reenlisted in the USAR for a period of 3 years.  She was further promoted to SGT (sergeant/pay grade E-5) on 28 March 1988.

8.  On 28 February 1990, U.S. Army Reserve Personnel Center, St. Louis, Missouri, published Orders D-02-018015, honorably discharging the applicant from the USAR Control Group (Reinforcement) with an effective date of 1 March 1990.  

9.  After a break in service, the applicant reenlisted in the Tennessee Army National Guard (TNARNG), on 14 January 1998, in the rank of SGT/E-5 for a period of 3 years.  She was assigned to the 173rd Personnel Service Detachment, Nashville, Tennessee.  

10.  On 10 August 1999, the 173rd Personnel Service Detachment, TNARNG, Nashville, Tennessee, notified the applicant by memorandum that she had been absent from scheduled unit training (UTA) or multiple unit training assembly (MUTA) and was charged with unexcused absence.  The memorandum also notified the applicant that this was her 8th unexcused absence and reminded her of her responsibilities to attend the scheduled unit training.

11.  On 30 November 1999, the 173rd Personnel Service Detachment, Nashville, Tennessee, rendered an annual NCO Evaluation Report on the applicant for the period December 1998 to November 1999.  The applicant’s Rater rated her “marginal” and commented on her missing unit training/drills without notifying her supervisor.  Her Senior Rater rated her “fair” and commented on her not meeting obligations with regards to keeping section and unit informed regarding drill attendance. 

12.  On 5 December 1999, the applicant requested a conditional release from the TNARNG to the Ohio Army National Guard (OHARNG).  She was accepted by a service representative for inter-state transfer in the ARNG.  On 29 March 2000, she was transferred to the Ohio Army National Guard (OHARNG) and was assigned to the 372nd Maintenance Company, Highland Hills, Ohio.

13.  On 12 February 2001, State of Ohio, Adjutant General Department, Columbus, Ohio, published Orders 029-151, honorably discharging the applicant from the OHARMG and assigning her to the USAR Control Group (Reinforcement) with an effective date of 16 October 2000, and in accordance with paragraph 8-27h of National Guard Regulation 600-200, by reason of becoming a member of the USAR.

14.  There are no medical records contained in the applicant's military personnel file.  The applicant stated that she had a heart attack that disqualified her from reenlisting in the ARNG or the USAR.  There is no indication in her records that she was discharged or denied reenlistment for medical reasons.   

15.  The applicant provided an AHRS Form 606-E (Retirement Point History Statement), dated 9 February 2007.  This document covers her USAR and ARNG service between July 1978 and January 2001 and indicates that she accrued 662 creditable points during this period.  This document also shows that the applicant has a total of 5 qualifying years of creditable service for retirement purposes.  

16.  The applicant's ARPC Form 249-2-E, dated 23 November 2007, shows the applicant has accrued 773 creditable points and 6 qualifying years of creditable service for retirement purposes.  This document adds 113 points and 1 qualifying year of service.

17.  National Guard Regulation/Army Regulation 600-200 (Enlisted Personnel Management) governs procedures for enlisted personnel of the Army National Guard.  Chapter 8 provides for the separation of enlisted personnel of the Army Reserve and the Army National Guard for misconduct.  Paragraph 8-2 establishes that the authority to discharge Soldiers from the Reserve of the Army rests with the Secretary of the Army.  The authority for discharging Soldiers from a state Army National Guard is the Adjutant General of the State with the exception of those Soldiers who are within two years of completing service required for retired pay.  In those cases, the Chief, National Guard Bureau is the authority for discharge.  Paragraph 8-27(h) of that regulation provides in pertinent part that individuals can be discharged from the ARNG for the purpose of enlisting in the USAR.

18.  Army Regulation 135-180 (Qualifying Service for Retired Pay Non-Regular Service), implements statutory authorities governing the granting of “retired pay” to soldiers and former Reserve components soldiers.  Retired Pay is defined as pay granted Soldiers and former Reserve Components Soldiers under title 10, USC, section 1331, after completion of 20 or more years of qualifying service and upon attaining age 60.  This pay is based on the highest grade satisfactorily held 

at any time during an individual’s entire period of service, other than in an inactive section of a Reserve Component.   A Reserve Component Soldier is one who holds a current status in the ARNG or the USAR. 

19.  Chapter 2 of Army Regulation 135-180 states that to be eligible for retired pay, an individual need not have a military status at the time of application, but must have attained age 60, completed a minimum of 20 years of qualifying service, and served the last 8 years (changed to 6 years) of his or her qualifying service as a Reserve Component soldier.  After 30 June 1949, a reservist must earn a minimum of 50 retirement points each retirement year to have that year credited as qualifying service.  Only Soldiers assigned to an active status in a Reserve Component or individuals inactive Federal service are authorized to earn retirement point credits. When a person is in an active status for a period less than a full retirement year, a minimum number of retirement points are required to be earned in order to have that period credited as qualifying service. AR 140–185 and NGR 640–1 contain tables which specify the number of points required for this purpose, and detailed information concerning establishment of the retirement year and the crediting, recording, and earning of retirement points.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that she did not receive the correct number of qualifying points/years for retirement and that she should have been medically discharged.

2.  There is no evidence in the applicant’s records and the applicant has failed to provide sufficient evidence to show that her total points were miscalculated or that she is entitled to any additional points.  She has not completed the required 20 years of qualifying service for non-regular retirement.  

3.  There are no medical records contained in the applicant's military personnel file and the applicant failed to provide sufficient medical evidence to show that she suffered a medical condition or that her condition led to disqualifying her or denying her reenlistment.

4.  The applicant clearly had no intent or desire to fulfill her USAR or ARNG service obligations as evidenced by her pattern of unexcused absence from unit training.  She neither accumulated the required qualifying years for retirement nor provided any evidence to show how she was denied the opportunity to complete the required qualifying years for retirement.  In view of the foregoing, the applicant is not entitled to relief. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__wdp___  __mjf___  __sjs___  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.




							William D. Powers
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070010783
SUFFIX

RECON

DATE BOARDED
20071211
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
108.0000
2.
135.0000
3.

4.

5.

6.