IN THE CASE OF:
BOARD DATE: 24 June 2008
DOCKET NUMBER: AR20070016962
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that he be granted an unspecified number of retirement points for retirement years ending (RYEs) 14 January 1985, 14 January 1986, 14 January 1987, 14 January 1988, and 14 January 1989.
2. The applicant states that he was a drilling Reservist in the 699th Engineer Port Construction Reserve Company from 19 June 1981 to April 1989. The unit was located at Roosevelt Roads Naval Station in Ceiba, Puerto Rico. He does not have any payment vouchers to submit as evidence.
3. The applicant provides page 1 of his 19 June 1981 enlistment contract; his honorable discharge certificate, dated 26 April 1989; and a Statement of Retirement Points, dated 29 October 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 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 was born on 10 October 1953. After having served in the Regular Army, he was transferred to the U. S. Army Reserve (USAR) on 15 January 1974.
3. The applicants Statement of Retirement Points, dated 29 October 2007, shows he earned only 15 membership points during RYEs 14 January 1975 through 14 January 1981; 50 or more points during RYEs 15 January 1982 through 14 January 1984; and only 15 membership points during RYEs 14 January 1985 through 14 January 1989.
4. The applicant was honorably discharged from the USAR on 16 April 1989. After a break in service, he enlisted in the USAR on 23 August 1999.
5. Army Regulation 140-185 prescribes the types of training and activities for which retirement points are authorized and the procedures for recording retirement point credits and training for USAR Soldiers. In pertinent part, it provides that an annual Statement of Retired Points will be prepared for all Soldiers regardless of the number of points awarded. The purpose of the statement is to give a permanent record of the total retirement points a Soldier earns during a retirement year; to tell the Soldier whether he/she earned sufficient points to be credited with a qualifying period for retired pay or for retention in an active status; and to give the Soldier an opportunity to request correction of errors in the statement. The statement is currently provided to Soldiers electronically.
DISCUSSION AND CONCLUSIONS:
1. Annual statements of retirement points are sent to all Reserve Soldiers regardless of the number of points awarded. When the applicant received his annual statements in 1985, 1986, 1987, 1988, or 1989 and saw that he was credited with only 15 membership points for those years, he had an obligation to himself at that time to inquire as to the reason why and to provide at that time the documentation that would have verified his drill points.
2. Regrettably, 20 years or more have passed and the applicant states he does not have any payment vouchers to submit as evidence. If he should be able to discover any other type of evidence (e.g., DA Forms 1380 (Record of Individual Performance of Reserve Duty Training), or leave and earnings statements which the Defense Finance and Accounting Service might be able to provide), he should provide the U. S. Army Human Resources Command St. Louis, MO, with the documentation to update his Statement of Retirement Points.
3. At this time, there is insufficient evidence that would warrant granting the relief requested.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___xx___ __xx____ ____xx__ 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.
_ _____xxxxxxxx________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20070016962
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ABCMR Record of Proceedings (cont) AR20070016962
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