IN THE CASE OF:
BOARD DATE: 19 June 2008
DOCKET NUMBER: AR20070017304
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 that his mobilization orders and his DD Form 214 (Certificate of Release or Discharge From Active Duty) be amended to show that he was released from active duty on 30 September 2007 so that he can receive a full month entitlement of Reserve Income Incentive Replacement Program (RIRP) for the month of September 2007.
2. The applicant states, in effect, that his release date of 29 September 2007 precludes him from receiving the full $3000.00 of RIRP benefits for the month of September 2007.
3. The applicant provides a copy of his RIRP application and supporting documentation; and his mobilization orders in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving as a major in the Iowa Army National Guard.
2. Headquarters, Iowa National Guard Orders 277-965, dated 4 October 2005, ordered the applicant to active duty on 5 October 2005 for a period of 608 days in support of Operation Iraqi Freedom.
3. Headquarters, Iowa National Guard Orders 074-505, dated 15 March 2006, amended Headquarters, Iowa National Guard Orders 277-965, dated 4 October 2005, to read period of active duty 5 October 2005 through 17 December 2006.
4. Human Resources Command Orders A-10-626123, dated 13 October 2006, ordered the applicant to active duty for the period 18 December 2006 through 29 July 2007.
5. Headquarters, Iowa National Guard Orders 060-711, dated 1 March 2007, ordered the applicant to active duty on 30 July 2007 for a period not to exceed 62 days.
6. Headquarters, Iowa National Guard Orders 068-501, dated 9 March 2007, amended Headquarters, Iowa National Guard Orders 060-711, dated 1 March 2007, to read period of active duty 6 June 2007 through 29 September 2007.
7. The applicant's DD Form 214 shows that the applicant was honorably released from active duty on 29 September 2007.
8. The applicant provided a copy of his RIRP application, dated 18 May 2007. In this application, the applicant identified his current involuntary active duty orders as starting on 6 June 2007 and ending on 29 September 2007. This application shows that the applicant served 26 full months of involuntary active duty. This application further shows that the applicant was eligible for payment of RIRP for full months of service during August 2007 and September 2007 based on the fact that he completed 24 months of active duty during the previous 60 months under such involuntary orders beginning on or after 1 August 2001. This form was authenticated by the applicant; however, it was not authenticated by a certifying official.
9. The Office of the Secretary of Defense Reserve Affairs published a RIRP Fact sheet which provides guidance on the implementation and policies associated with the RIRP.
10. This fact sheet states that RIRP is an entitlement that must be paid to all eligible services members. To be eligible for RIRP payments, the member must be currently serving on active duty in an involuntary status [emphasis added] and have:
a. Completed 18 consecutive months of active duty, or
b. Completed 24 months of active duty service during the previous 60 months, or
c. Been involuntarily mobilized for 180 days or more within six months of the previous involuntary period of active duty of more that 180 days.
11. This fact sheet shows that income replacement payments will be made only for full months of qualifying involuntary active duty performed from August 2006 through December 2008.
12. The Chief, Personnel Services Division of the National Guard Bureau provided an advisory opinion for review with this application. The Chief, Personnel Services Division recommended that the applicant's orders be amended to show that he was released from active duty on 30 September 2007 based on the fact that his active duty orders overlapped.
13. The applicant was provided a copy of the advisory opinion for review and rebuttal. On 9 May 2008, the applicant concurred with the advisory opinion and did not provide additional documentation.
14. The overlap of orders discussed in the advisory opinion occurs due to the amendment of the start date of mobilization orders which changed the start date to June 2006 which overlaps previous orders which end in July 2006. The 29 September 2007 end date was not effected by the amendment to orders.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 and mobilization orders should be amended to show that he was released from active duty on 30 September 2007 so that he can receive RIRP payment for September 2007 was carefully considered and determined to be without merit.
2. Notwithstanding the fact that National Guard officials recommended that the applicant's request be approved based on the overlap of his active duty orders, the error in the orders involves the months of June and July 2007 and has no effect on the applicant's release date of 29 September 2007.
3. There is no evidence in the available record and the applicant has not provided sufficient evidence showing that he served or was involuntarily extended on active beyond 29 September 2007. Therefore, there is no basis to grant the amendment to his records that the applicant requested.
4. The ABCMR does not grant relief solely for the purpose of making applicant's eligible for benefits. The RIRP guidance clearly states that payments are made for full months of involuntary active duty service. The applicant did not complete a full month of qualifying involuntary active during the month of September 2007, and therefore, is not entitled to payment of RIRP for that month.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ___X____ __X_____ 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.
_ ___X____ ___
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) AR20070017304
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20070017304
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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