IN THE CASE OF:	  

		BOARD DATE:	        2 April 2009

		DOCKET NUMBER:  AR20080019083 


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 AHRC Form 606-E (Statement of Service with Retirement Points) to show 15 qualifying years for non-regular retirement and the issuance of a 15-year letter.

2.  The applicant states that while serving in a troop program unit (TPU), she continuously tried to get assistance with the completion of a retirement point recount/recomputation to add periods of service in the Washington and Georgia Army National Guard (WAARNG and GAARNG).  She also states that when that failed, she solicited help from the U.S. Army Human Resources Command (HRC), St. Louis, MO, but did not get all the requested relief.  

3.  The applicant provides a copy of a letter, dated 14 August 2008, to the WAARNG; copies of DA Forms 1380 (Record of Individual Performance of Reserve Duty Training), dated 13 January 2002 and 27 August 2002; and a copy of her ARPC Form 249-E (Chronological Statement of Retired Points) in support of her request.  

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 she initially enlisted in the WAARNG for a period of 6 years on 25 April 1987.  She was assigned to Headquarters and Headquarters Company, 540th Aviation Group, Tacoma, WA.  She subsequently entered active duty on 6 July 1987, completed basic combat training, and was released from active duty on 5 September 1987.  The DD Form 220 (Active Duty Report) she was issued shows she completed 2 months of creditable active service during this period.

3.  The applicant’s records also show she was honorably separated from the WAARNG on 27 June 1988 and subsequently enlisted in the Regular Army for a period of 4 years on 28 June 1988.  She completed advanced individual training and was awarded military occupational specialty (MOS) 16H (Air Defense Artillery Operations and Intelligence Assistant). 

4.  On 14 September 1990, the applicant completed the psychiatric specialist course at Fort Sam Houston, TX, and was awarded MOS 91F.  She subsequently executed a 4-year reenlistment in the Regular Army on 21 January 1992 and was reassigned to Walter Reed Army Medical Center, Washington, DC.

5.  On 4 February 1993, the applicant requested to be separated from the Army by reason of parenthood.  She was subsequently honorably separated in the rank/grade of sergeant (SGT)/E-5 on 11 February 1993 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete her remaining Reserve obligation.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) she was issued shows she completed 4 years,
7 months, and 14 days of creditable active service during this period.

6.  On 19 August 1994, the applicant executed a 6-year enlistment in the WAARNG and was assigned to Headquarters and Headquarters Company, 181st Support Battalion, Tacoma, WA.  However, she was honorably separated from the WAARNG on 23 October 1995 and transferred to the USAR for assignment to a Troop Program Unit.  On 24 October 1995, she executed a       5-year enlistment in the USAR in the rank/grade of staff sergeant (SSG)/E-6 on 24 October 1995.
7.  On 2 May 2002, the applicant requested a conditional release from the USAR for the purpose of enlisting in the ARNG.  She subsequently executed a 3-year enlistment in the GAARNG on 9 September 2002.  However, she was again honorably discharged from the ARNG by reason of dependency/hardship and transferred to the USAR Control Group (Reinforcement) on 1 January 2003.   She was assigned to the 333rd Medical Company, Savannah, GA, on an unknown date.

8.  On 16 November 2003, the applicant was ordered to active duty as a member of her USAR unit in support of Operation Enduring Freedom.  She was honorably released from active duty to the control of her USAR unit on 31 May 2004.

9.  On 1 April 2005, the applicant was reassigned to the U.S. Army Civil Affairs and Psychological Operations Command, Fort Bragg, NC.  

10.  On 29 February 2008, the applicant petitioned the Army Board for Correction of Military Records (ABCMR) for correction of her qualifying years for non-regular retirement.  Her request was subsequently forwarded to HRC-St. Louis, MO, for an advisory opinion.  

11.  On 21 July 2008, HRC-St. Louis, MO, completed an audit of the applicant’s number of qualifying years/points for non-regular retirement and determined that the applicant had completed 2,520 qualifying points and/or 11 qualifying years.  

12.  On 4 August 2008, the applicant was provided with a copy of the corrected AHRC Form 606-E for comment and/or rebuttal.

13.  On 5 September 2008, by letter, the applicant indicated that she desired to withdraw her application.  Accordingly, the ABCMR closed her case without prejudice and notified her accordingly.

14.  In her letter, dated 18 November 2008, the applicant requests her case be reopened and states that she had worked diligently to obtain a detailed breakdown of the AHRC Form 606-E as it contains discrepancies, but has neither received this breakdown nor believes she will receive the requested document.  She also presents a new argument that she should be credited with a total of 16 “good years” and further submits the following documents/arguments:

	a.  in a notarized letter, dated 18 November 2008, an individual (E*******h K. H****t) states that she was listening on the speaker phone when the applicant contacted an HRC-St. Louis representative regarding her points.  She adds that she heard the HRC representative tell the applicant that he would reply to her request and that it would take some time; 
	b.  in a letter, dated 14 August 2008, and addressed to the applicant’s former WAARNG unit of assignment, the author (same individual who wrote the notarized letter) states that she is assisting the applicant in re-calculating her retirement points and argues that the applicant performed several periods of ARNG duties that should be recorded on a DA Form 1380; and

	c.  the DA Forms 1380 submitted by the applicant show she performed administrative duties from 12 January 2002 to 13 January 2002 and 25 August 2002 to 26 August 2002, and that she earned 4 retirement points for each period.

15.  Army Regulation 140-185 (Training and Retirement Points Credit and Unit Level Strength Accounting Records) 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.  Paragraph 2-2 outlines the criteria for earning retirement points.  It states, in pertinent part, that retirement points may be earned by USAR Soldiers for active duty (AD), or while in an active Reserve status, for active duty for training (ADT), initial active duty for training (IADT), involuntary active duty for training (involuntary ADT), annual training (AT), inactive duty training (IDT), and Reserve membership.  

16.  Public Law 106-65, enacted 5 October 1999, amended chapter 1223 (Retired Pay for Non-Regular Service) of Title 10, U. S. Code by adding section 12731b, (Special rule for members with physical disabilities not incurred in line of duty).  Section 12731b(a) states that a member of the Selected Reserve who no longer meets the qualifications for membership in the Selected Reserve solely because the member is unfit because of physical disability may, for the purposes of section 12731 (Age and Service Requirements) of this title, be treated as having met the service requirements and be provided with the notification required if he has completed at least 15 and less than 20 years of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request that she be credited with retirement points that would result in her having 15 years of qualifying service for a non-regular retirement was carefully considered.  However, there is insufficient evidence to support granting her the requested relief.

2.  With respect to her contention that she requested a detailed breakdown of the information contained in AHRC Form 606-E, the evidence of record shows that HRC-St. Louis, MO, conducted an audit of the applicant’s military history and produced an updated/corrected AHRC Form 600-E that appears to have accounted for the applicant’s qualifying points and/or years for a non-regular 

retirement.  This form breaks down the applicant’s periods of service by component, date, and period of service.  The applicant was provided with this form on 4 August 2008.  An appeal of that form regarding discrepancies or missing points should be addressed to that agency with appropriate supporting documentation.  There is no evidence that the applicant has done so.

3.  With respect to the applicant’s 15-year retirement, contrary to the applicant’s statement that correction of her AHRC Form 600-E would give her 16 qualifying years for non-regular retirement, the evidence of record shows that the applicant has completed 14 qualifying years for non-regular retirement (shown on the corrected copy of the AHRC Form 606-E).  Therefore, she would not have qualified for or been issued a 15-year letter.  Furthermore, she is not eligible for a 15-year letter because her separation from the Selected Reserve is not for a non-duty related medical condition. 

4.  By regulation 50 points per year is required to earn a qualifying year for Reserve retirement purposes.  Retirement points may be earned by USAR Soldiers for AD, or while in an active Reserve status, for ADT, IADT, involuntary ADT, AT, IDT, and for Reserve membership.  Absent any evidence that the applicant completed additional qualifying service that is not reflected or credited on her chronological statement of retired points, there is an insufficient evidentiary basis to grant her service credit for qualifying service she did not perform.  

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit evidence that would satisfy this requirement.  Therefore, there is insufficient evidence to grant her the requested relief.

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)                                         AR20080019083



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080019083



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1