IN THE CASE OF:	  

		BOARD DATE:	        20 October 2009

		DOCKET NUMBER:  AR20090008243 


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 his military records to show that he attended every monthly drill with his unit from 4 August 1992 through 3 August 1997.  In effect, he wants his records to show that he completed 20 years of qualifying service for a non-regular retirement.

2.  The applicant states that he attended every unit drill from 4 August 1992 through 3 August 1997. 

3.  The applicant provides, in support of his application, copies of his ARPC Form 249-E (Chronological Statement of Retirement Points), DD Form 214N (Armed Forces of the United States Report of Transfer or Discharge), orders to active duty, certificate for award of the Army Achievement Medal, Certificate of Achievement, Certificate of Participation, four letters of appreciation, and Honorable Discharge Certificates from the United States Navy and the United States Army Reserve (USAR).

CONSIDERATION OF EVIDENCE:

1.  From 16 August 1967 through 3 May 1971, the applicant served in the United States Navy.  He was released from active duty with the rank of seaman, pay grade E-3 and transferred to the United States Naval Reserve.  He was subsequently discharged from the Naval Reserve on 15 August 1973.


2.  On 4 August 1978, the applicant enlisted in the USAR in the rank of private first class, pay grade E-3.  He was assigned for duty with the 336th Aviation Company located at Los Alamitos, California.   On 16 September 1987, his unit was redesignated as the 214th Aviation Regiment.

3.  Orders dated 21 June 1994 ordered the applicant to 14 days of active duty for training in support of a Joint Task Force (JTF) 6 counterdrug mission.

4.  In an undated certificate, the applicant was officially commended for his participation in support of Joint Task Force Counter Drug Operations from 5 July to 5 August 1994.  

5.  On 15 August 1996, the applicant's unit sent him a memorandum informing him of his unauthorized absence from scheduled training on 3 August 1996.  PS Form 3811 (Domestic Return Receipt) indicates that the applicant received this memorandum on 10 September 1996.  There is no available evidence of record showing that the applicant made up this missed training.

6.  A Certificate of Achievement, dated 2 June 1997, indicates that the applicant was recognized for his outstanding contribution to the successful accomplishment of POLEX 97 Exercise at Fort A.P. Hill and Camp Pickett, Virginia.  The certificate does not state the length of his service in support of this exercise.

7.  On 11 August 1997, the applicant's unit sent him a memorandum informing him of his unauthorized absences from scheduled training on 8, 9, and 10 August 1997.  There is no available evidence of record showing that the applicant acknowledged his absences or that he made up this missed training.

8.  On 21 January 1998, the applicant was voluntarily reassigned to the Individual Ready Reserve (IRR).

9.  On 21 September 1998, the applicant was discharged from the USAR.  He had attained the rank of staff sergeant, pay grade E-6.

10.  On 19 October 2004, the applicant became 60 years of age.  On 10 April 2007, he submitted a DD Form 108 (Application for Retired Pay Benefits).  His application was denied because his records showed that he had not completed the required 20 years of qualifying service.

11.  An ARPC Form 249-E, dated 31 July 2008, shows that the applicant had completed 16 years, 8 months, and 14 days of qualifying service for retirement.  This document also shows for the years in dispute:
	a.  that the applicant earned a total of 39 points (to include 24 inactive duty training (IDT) points) creditable toward retirement during the period 4 August 1992 through 3 August 1993;

	b.  that the applicant earned a total of 43 points (to include 14 IDT points) creditable toward retirement during the period 4 August 1993 through 3 August 1994;

	c.  that the applicant earned a total of 66 points (a qualifying year) creditable toward retirement during the period 4 August 1994 through 3 August 1995;

	d.  that the applicant earned a total of 43 points (to include 28 IDT points) creditable toward retirement during the period 4 August 1995 through 3 August 1996; and

	e.  that the applicant earned a total of 40 points (to include 24 IDT points) creditable toward retirement during the period 4 August 1996 through 3 August 1997.

12.  A letter from the Adjutant General Directorate, United States Army Human Resources Command, St. Louis, Missouri, dated 15 August 2008, addressed to the applicant's Representative in Congress, indicates that the applicant was informed in a similar letter dated 31 May 2007 that he could reapply for retirement benefits if he could provide substantiating documentation showing that he had completed 20 qualifying years.  Examples of such documentation was cited as unit drill point cards, evaluation reports, correspondence course completions,  Reserve school attendance rosters, pay vouchers, certification of  completion of 20 qualifying years (20-year letter), and DD Forms 214.   

13.  The four letters of appreciation provided by the applicant commend the 214th Aviation Regiment for its accomplishments during the execution of the   JTF 6 mission.  None of the letters make any mention of the applicant.

14.  Army Regulation 135-180 (Qualifying Service for Retired Pay Nonregular Service) provides, in pertinent part, that after 30 June 1949, a Reservist must earn a minimum of 50 retirement points each retirement year to have that year credited as qualifying service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he attended every unit drill from 4 August 1992 through 3 August 1997 and that his records should be accordingly corrected to show this attendance.  He in effect contends that he has completed sufficient service to qualify for a nonregular retirement.

2.  The applicant's ARPC 249-E shows that during 4 out of the 5 years in dispute, he earned less than 50 points in any year.  Unfortunately, neither the evidence of record nor the evidence provided by the applicant is sufficient to show that there is an error.  The applicant was advised to provide specific documentation, such as pay vouchers, that would show his actual dates of service.  He has not done so.

3.  Furthermore, the applicant's claim of not having missed any drills during the 
4 years in dispute is contradicted by memorandums dated in 1996 and 1997 indicating that he failed to attend some scheduled training drills.  

4.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20090008243





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ABCMR Record of Proceedings (cont)                                         AR20090008243



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