IN THE CASE OF:	  

		BOARD DATE:	       26 FEBRUARY 2009

		DOCKET NUMBER:  AR20080010340 


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 credited with additional retirement points for active duty for special work (ADSW) in the Alabama Army National  Guard (ALARNG) during the period 20 February 1987 to 23 February 1992. 

2.  The applicant states, in effect, that he did not receive any retirement points for ADSW served in support of the 20th Special Forces Group (Airborne) (FSGA) parachute operations.  He contends that during the period 20 February 1987 to 23 February 1992 he was assigned as an instructor and member of the 20th FSGA demonstration parachute team and that parachuting activities were performed in support of recruiting efforts for the ALARNG and the U.S. Army.  He claims that other duties included training and supervising selected members in preparatory training for the Special Forces Training Group Military Freefall Course and that this was in support of the mission requirement and directives levied by the U.S. Army Special Forces Command and the U.S. Army Special Operations Command.  He states that demonstration parachute duty required performances into nationally televised football games as well as performances into high risk, high visibility locations to support assigned mission, and that airframes in support of these missions were provided by the U.S. Army, U.S. Air Force, ALARNG, Georgia Army National Guard (GAARNG), and commercial aircraft on contract with the U.S. Government.  He further states that the parachute duties performed were not properly documented or forwarded to higher headquarters for entry on his ARNG Retirement Points History Statement.    


3.  The applicant provides a copy of his ARNG Retirement Points History Statement; an ARNG Retirement Points Statement Soldier Detail Report; numerous emails; and a roster of the 20th Group Parachute Team jump dates in support of his application. 

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.  Having prior active service in the Regular Army and inactive service in the USAR, the applicant enlisted in the ARNG on 6 September 1980.  The applicant was ordered to active duty in support of Operation Desert Shield/Desert Storm on 20 February 1991.  On 31 May 1991, he was released from active duty.  On
6 September 1994, the applicant was honorably discharged from the ARNG and assigned to the Retired Reserve.

3.  The applicant's National Guard Bureau Form 22E (Report of Separation and Record of Service) covering the period 6 September 1980 through 6 September 1994 shows, in pertinent part, the entry "AD [active duty] SERVICE THIS PERIOD, OPERATION DESERT SHIELD/STORM: 910220-910531."  

4.  There are no orders or leave and earnings statements in the available records which show the applicant was ordered to active duty for ADSW or paid for ADSW.

5.  The applicant’s ARNG Retirement Points Statement Soldier Detail Report, prepared on 18 January 2008, shows credit for active duty, active duty training, and ADSW.  The summary of his retirement points shows he earned 2 retirement points each for the periods 28-29 August 1987; 23-24 October 1987;
30-31 October 1987; 14-15 November 1987; 22-23 December 1987; 29-30 April 1988; 7-8 May 1988; and 21-22 May 1988; 1 retirement point on 18 June 1988; 21 retirement points for the period 9-29 July 1988; 15 retirement points for the 

period 10-24 September 1988; 22 retirement points for the period 30 April to
21 May 1989; 2 retirement points for the period 7-8 May 1990; 15 retirement points for the period 8-22 September 1990; 2 retirement points for the period
10-11 November 1990; and 1 retirement point on 28 December 1990.

6.  The applicant’s ARNG Retirement Points History Statement, prepared on
18 January 2008, shows that during retirement year ending (RYE) 4 October 1987 he earned 62 retirement points; during RYE 4 October 1988 he earned
111 retirement points; during RYE 4 October 1989 he earned 82 retirement points; during RYE 4 October 1990 he earned 74 retirement points; during RYE
4 October 1991 he earned 151 retirement points; and during RYE 4 October 1992 he earned 83 retirement points.  

7.  In support of his claim, the applicant provided a roster of jump dates for the 20th Group Parachute Team during the period 20 February 1987 to 23 February 1992.            

8.  In the processing of this case, a staff advisory opinion was obtained from the Retirements and Annuities Office, U.S. Army Human Resources Command, St. Louis, Missouri.  The opinion states that unless the Commander, 20th SFGA authenticates the jump record provided by the applicant and states the applicant's status for each day, there can be no credit given.  The opinion points out that the applicant's Official Military Personnel File was reviewed and there was no record found of him being placed on orders to receive retirement point credit for the period in question.  Therefore, no action may be taken.

9.  The advisory opinion was provided to the applicant on 17 November 2008 for comment or rebuttal.  The applicant did not respond within the given time frame.

10.  Army Regulation 135-200 (Active Duty for Missions, Projects, and Training for Reserve Component Soldiers) defines ADSW as a tour of active duty for Reserve personnel authorized from military and Reserve personnel appropriations for work on active or Reserve component programs.  This includes annual screening, training camp operations, training ship operations, and unit conversion to new weapon systems when such duties are essential.  ADSW may also be authorized to support study groups, training sites and exercises, short-term projects, and doing administrative or support functions.  By policy, ADSW tours are normally limited to 179 days or less in one fiscal year.  Tours exceeding 180 days are accountable against active duty end strength.




DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was in the ARNG during the period
20 February 1987 to 23 February 1992.  Evidence of record also shows that he was ordered to active duty service in support of Operation Desert Shield/Desert Storm for three months in 1991.  

2.  Although the applicant contends that he is entitled to additional retirement points for ADSW during the period 20 February 1987 to 23 February 1992, there is no evidence of record which shows he was ordered to active duty for ADSW.  The roster he provided does not show that he was ordered to active duty for ADSW.  The applicant did not provide any evidence which shows he earned any additional active duty points during the period 20 February 1987 to 23 February 1992 or was paid for any additional active duty during the period in question.  Therefore, there is an insufficient basis for granting his request for additional retirement points.

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)                                         AR20080010340



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ABCMR Record of Proceedings (cont)                                         AR20080010340



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