IN THE CASE OF:	  

		BOARD DATE:	  20 October 2009

		DOCKET NUMBER:  AR20090006370 


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 retirement points be verified and corrected to include extension courses taken in 1995,1998 and 1999, inactive duty between 1987 and 1991, and his service with Missouri Army National Guard (MOARNG), Task Force Show Me Eagle in 2001/2002.  He also requests award of the Global War on Terrorism Service Medal.

2.  The applicant states he served as a volunteer liaison and anti-terrorism training officer with the MOARNG from 10 October 2001 through 15 January 2002.  He declined compensation but would like his total retirement points and award for the Global War on Terrorism Service Medal.  He also would like to have his records reviewed to ensure he is credited for completion of several correspondence courses.

3.  The applicant provides a 1997 Department of the Air Force course completion letter; a 1997 Air University transcript; a 1999 Naval War College course completion letter; six DA Forms 1380 (Record of Individual Performance of Reserve Duty Training); a 26 July 2004 letter from the Director of Reserve Components Programs, Army Command and General Staff College (CGSC) with an attached course Memorandum for Record; a Task Force Show Me Eagle Certificate of Service; and a 4 March 2005 e-mail.

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, a 27-year career U.S. Army Reserve (USAR) Soldier, served in both an enlisted and officer status between 25 January 1975 through 24 January 2000.  

3.  On 25 January 2000, he, as a major, was transferred to the Retired Reserve.  He turned 60 in September 2008.

4.  During the later portion of his service, the applicant is shown to have served in an Individual Mobilization Augmentee (IMA) status.

5.  A 21 May 1997 Department of the Air Force course completion letter states the applicant was provided a diploma for completion of a nonresident studies program.  Associated with this letter is a Department of the Air Force Air University transcript showing completion of 444 curriculum hours of training. 

6.  A 5 April 1999 letter states the applicant completed four sub-components of the Naval War College correspondence courses between 22 July 1998 and 29 March 1999 and was awarded a total of 60 retirement points.

7.  The 26 July 2004 letter from the Director of Reserve Components Programs, Army Command and General Staff College Memorandum for Record; the Task Force Show Me Eagle Certificate of Service; and the e-mail show the applicant served as a trainer and advisor to the Lambert Detachment of Task Force Show Me Eagle (Airport Security) following the 11 September 2001 terrorist attacks.  He is credited with giving five courses of 4-hour duration each and working with the Task Force over the period from 4 October 2001 through 15 January 2002.

8.  The six DA Forms 1380 provided by the applicant show that during the retirement years ending (RYE's) 24 January, the applicant, as an IMA, earned the following retirement points:

	a.  RYE 1988, 13 points for completion of course work at CGSC;

	b.  RYE 1989, 11 points for completion of course work at CGSC;

	c.  RYE 1991, 9 points for work on the development of a training program;

	d.  RYE 1992, 2 points for work on ongoing intelligence projects;

	e.  RYE 1996, 2 points for his 5-year periodic physical examination; and

	f.  RYE 1999, 24 points as a military intelligence liaison;

9.  The applicant's i-PERMS (integrated Personnel Electronic Records Management System) record at the primary retirement information and retirement points detail screens for the same periods shows the following:

	a.  RYE 1988, 10 inactive duty training (IDT) points and no extension course points;

	b.  RYE 1989, 11 IDT points and 43 extension course points;

	c.  RYE 1991, 9 IDT points and 21 extension course points;

	d.  RYE 1992, 2 IDT points and 21 extension course points;

	e.  RYE 1996, 0 IDT points and 41 extension course points; 

	f.  RYE 1997, 0 IDT points and 57 extension course points;

	g.  RYE 1999, 24 non-pay inactive duty points and 45 extension course points; and 

	h.  RYE 2000, 0 inactive duty points and 15 extension course points.

10.  The available record does not contain any orders recalling the applicant from the Retired Reserve; assigning him to a reinforcement training unit (RTU) or IMA detachment; assigning him to the MOARNG; or assigning him to Task Force Show Me Eagle.  

11.  Official information on Task Force Show Me Eagle and the MOARNG's part in that task force at Lambert International Airport is not readily available.  The limited information available does show the MOARNG did provide personnel for 

the airport security operations following the 11 September 2001 terrorist attacks. No specific information on which units or personnel participated in this operation has been located.

12.  Army Regulation 140-1 (Mission, Organization, and Training) provides policy guidance on the mission, organization, and training of the USAR.   It provides the following:

	a.  The USAR is a statutory Federal force which consists of the Ready Reserve, the Standby Reserve, and the Retired Reserve.  Within the Ready Reserve, there is a Selected Reserve which includes IMA detachments and reinforcement training units (RTUs);  

	b.  RTU's are organized to train nonunit USAR Soldiers.  Personnel attached to these units take part in volunteer nonpay training.  They will receive retirement point credit only; 

	c.  IMA detachments will consist of IMAs who volunteer for inactive duty training (IDT) for retirement points only.  IMA detachments will have as an organization mission, the support of the proponent agency to which the individuals are assigned; and 

	d.  The Retired Reserve consists of Soldiers who retain their status as Reserves of the Army and who are or have been retired from an active status.  Members of the Retired Reserve cannot receive retirement points while in this status.

13.  Army Regulation 600-8-2 (Military Awards) provides that the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism (GWOT) operations outside of the designated areas of eligibility defined for the Global War on Terrorism Service Medal, on or after 11 September 2001 to a future date to be determined.  Initial award of the GWOTSM was limited to airport security operations (from 27 September 2001 through 31 May 2002) and Soldiers who supported Operations Noble Eagle, Enduring Freedom, and Iraqi Freedom.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he served as a volunteer liaison and anti-terrorism training officer with the MOARNG from 10 October 2001 through 15 January 

2002.  He declined compensation but would like his total retirement points and award for the Global War on Terrorism Service Medal.  He also would like to have his records reviewed to ensure he is credited for completion of several correspondence courses.

2.  In order for the applicant to receive official credit for his service during the Task Force Show Me Eagle operations with the MOARNG at Lambert International Airport, he would have to have been issued some type of official orders either ordering him to active duty, recalling him to the Ready Reserve RTU or IMA, and assigning to the MOARNG or Task Force Show Me Eagle.  

3.  While there is no question the applicant assisted the MOARNG during Task Force Show Me Eagle operations at Lambert International Airport, there is no documentation that any of the necessary proper actions were officially completed in order to recognize this service.

4.  Further, as a member of the Retired Reserve, the applicant is not authorized to receive retirement points.  Therefore, no retirement points can be awarded to the applicant for the period of service after his transfer to the Retired Reserve on 25 January 2000.

5.  In order to be awarded the Global War on Terrorism Service Medal, the applicant would have to be shown to have been on an official active military status.  Without his being in an official active status, award of the Global War on Terrorism Service Medal cannot be made.

6.  The applicant's completion of the correspondence courses in question are recorded in his official record and are properly reflected on both the retirement points sheet and the retirement points detail sheet.  

7.  Except for some minor differences between the points shown on the DA Forms 1380 and those shown on the retirement information sheet for RYE 1988 and RYE 1995, the applicant has been afforded retirement points for the periods in question and completion of his educational courses are a matter of record. 

8.  Since a DA Form 1380 is an official source document, it is appropriate to correct the retirement information sheet to show the same information as follows; the applicant earned a total of 13 inactive duty points for RYE 1988 and 2 inactive duty points for RYE 1996.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x____  ____x____  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant earned a total of 13 inactive duty points for RYE 1988 and 2 inactive duty points for RYE 1996.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Global War on Terrorism Service Medal, additional retirement points for service with Task Force Show Me Eagle, or for additional retirement points for his correspondence courses. 




      _______ _   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)                                         AR20090006370





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ABCMR Record of Proceedings (cont)                                         AR20090006370



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