IN THE CASE OF:	  

		BOARD DATE:	       23 APRIL 2009

		DOCKET NUMBER:  AR20080009346 


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 correction of her records to show retirement points for satisfactory service from 13 January 1983 to 27 February 1984.  

2.  The applicant states she did not miss Unit Training Assembly (UTA) and she attended her annual field training from 1983 to 1984 with the Massachusetts Army National Guard (MAARNG), Headquarters, State Area Command (STARC) in Boston, MA.  She states she was also a full-time GS-04 Federal employee at the same location.  She mentions that she attached an e-mail from the MAARNG stating the reason why they did not have her NGB Form 23 (Army National Guard Retirements Credits Record) for this service; however, this email is not available.  

3.  The applicant provides the following documents in support of her application: 
her Standard Form 2819 (Notice of Conversion Privilege); her Standard Form 2801-1 (Certified Summary of Federal Service); her Standard Form 50 (Notification of Personnel Action), dated 30 November 1983; her NGB Form 22 (Report of Separation and Record of Service) for the period ending 21 May 1984; her discharge orders from the U.S. Army Reserve, dated 28 May 1986; a notice from the Office of Personnel Management, Retirement and Insurance Programs; her Request for Change or Cancellation of Payroll Deduction, dated 30 November 1983; her Standard Form 2821 (Agency Certification of Insurance Status); and two Army National Guard Retirement Credits Records from the MAARNG and the California Army National Guard (CAARNG).



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 is currently serving the Army National Guard in the rank of sergeant, E-5.

3.  After having prior service in the Air Force Army National Guard, the applicant enlisted in the MAARNG on 13 January 1983.  

4.  She was discharged on 27 February 1984 in the rank of specialist four, E-4.  At the time of her discharge, she had completed 1 year, 1 month, and 14 days net service.  

5.  The applicant's Army National Guard Retirement Credits Record (MAARNG) shows she received a total of 33 points for the period 13 January to 26 May 1983 (6 membership points; 18 inactive duty points; and 15 active duty points).  This record also shows she received a total of 51 points for the period 27 May 1983 to 27 February 1984 (11 membership points; 33 inactive duty points; and 18 active duty points).

6.  The applicant enlisted in the CAARNG on 28 February 1984 and was discharged on 21 May 1984.  On the following date, she was transferred to the U.S. Army Reserve Control Group (Annual Training).  

7.  The applicant's Army National Guard Retirement Credits Record (CAARNG) shows she received a total of 5 points for the period 28 February 1984 to 21 May 1984 (3 membership points and 5 inactive duty points).  

8.  Department of the Army, U.S. Army Reserve Personnel Center, St. Louis, MO, Orders D-05-035931, dated 28 May 1986 discharged the applicant Ready Reserve (Annual Training) effective 29 May 1986.

9.  In the processing of this case, a staff advisory opinion was obtained from the National Guard Bureau.  The National Guard Bureau indicated that the applicant's packet was being returned without action because there was not enough documentation to support her request.  The opinion pointed out that the applicant provided her NGB Form 23, but the NGB was unable to determine where the applicant's points were earned.  It was recommended that the applicant provide Leave and Earning Statements for the periods requested.  The National Guard Bureau provided an updated NGB Form 23A (Retirement Points History Statement) from the CAARNG, dated 23 February 2009.  The opinion referenced National Guard Regulation 680-2, chapter 2-5 which states that Soldiers must earn a minimum of 50 points from all sources in a retirement year to have that year creditable towards verification of 20 years qualifying service for retired pay.  If the Soldier serves less than a full year, he must earn the minimum number of points indicated in Table 2-4 for that period to be creditable for retirement.  All retirement points awarded will be entered in the RPAS [Retirement Points Accounting System] record, whether the period is creditable or not.  

10.  A copy of the advisory opinion was forwarded to the applicant to allow her the opportunity to submit a rebuttal.  On 13 March 2009, the applicant responded by email and provided the following documentation in support of her case:  (1) her NGB Form 22 for the period ending 27 February 1984; (2) a letter, dated 28 May 2007 from the National Personnel Records Center; (3) an email from the Chief, Military Records Branch, Milford, MA; (4) a letter, dated 12 May 2008, from the National Personnel Records Center with updated NGB Form 23; (5) and email from an office in Denver, dated 23 May 2008.  She indicated that the information provided will give her an additional year of service towards her current MAARNG pay with the 267th Combat Communication Squadron at Otis Air National Guard Base, MA.  It also means that she would only require one more six-year enlistment to complete 20 years of military service at the age of 54 years and 7 months of age. 

11.  The applicant's updated Army National Guard Retirement Points History Statement was prepared on 23 February 2009.  This statement shows she completed 11 months and 25 days of creditable service for retired pay and she was credited with a total of 118 retirement points.  She was credited with a total of 42 points for retirement year beginning 13 January 1983 and retirement year ending (RYE) 26 May 1983 (12 inactive duty (IDT) points; 15 membership points; and 15 active duty points).  

12.  Her updated Army National Guard Retirement Points History Statement, dated 23 February 2009, also shows she was credited with 22 IDT points and 12 active duty points (total 34 points) for retirement year beginning 27 May 
1983 and RYE 27 February 1984.  She was credited with 2 IDT points and 15 membership points for retirement year beginning 28 February 1984 and RYE 21 May 1984.  This is a total of 51 points for RYE 21 May 1984.

13.  Section 12732 of Title 10 governs entitlement to retired pay for non-regular service.  Section 12732a (2) states that one point will be credited for each day of active service or full time service under Title 32; one point will be credited for attendance at a drill or period of equivalent instruction; and points at the rate of 15 per year will be credited for membership in a reserve component of an armed force. 

14.  Sections 12731 through 12739 of Title 10, United States Code, authorize retired pay for Reserve Component military service.  Under this law, a Reserve Soldier must complete a minimum of 20 qualifying years of service to be eligible for retired pay at age 60.  After 1 July 1949, a qualifying year is one in which a Reserve Soldier earned 50 retirement points or more.  This law further requires that the last 8 years of qualifying service must be in a Reserve Component.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant states she did not miss UTA and she attended her annual field training from 1983 to 1984 with the MAARNG, Headquarters, STARC in Boston, MA.  However, there is insufficient evidence to substantiate the applicant's claims.  

2.  The applicant’s updated Army National Guard Retirement Points History Statement, dated 23 February 2009, shows that she completed 11 months and 25 days of qualifying service for retirement and she was credited with 118 total creditable points.  

3.  The applicant’s updated Army National Guard Retirement Points History Statement, dated 23 February 2009, also shows she was credited with 42 points for retirement year beginning 13 January 1983 and 34 points for RYE 27 February 1984.  Therefore, she was credited with a total of 76 points during the period she served in the MAARNG.  

4.  The applicant's request to show her retirement points for satisfactory service from 13 January 1983 to 27 February 1984 was carefully considered.  However, there is no evidence of record and the applicant has not provided evidence (i.e. Leave and Earning Statements) to reflect any additional points she may have earned.  Therefore, there is insufficient evidence on which to base correction of her records to show she was credited with additional retirement points during the period 13 January 1983 to 27 February 1984.
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.




      _______ _   _XXX______   ___
               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)                                         AR20080009346





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ABCMR Record of Proceedings (cont)                                         AR20080009346



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