IN THE CASE OF:	  

		BOARD DATE:	  3 June 2010

		DOCKET NUMBER:  AR20090018129 


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 ARPC Form 249-E (Chronological Statement of Retirement Points) "total points creditable."  

2.  The applicant states the following:

   a.  His Chronological Statement of Retirement Points has errors on it.

   b.  The total points creditable do not add up for about 11 of his years for the retirement years ending 16 June 1978, 16 June 1979, 16 June 1982, 16 June 1984, 16 June 1986, 16 June 1987, 16 June 1988, 16 June 1989, 16 June 1990, 16 June 1991, and 16 June 1991.
   
c.  His unit was stood down in 1995 and he received a large number of documents from his personnel file.

d.  He found out his unit made additional corrections to his retirement points.

e.  He received his 20-Year Letter and assumed his retirement points were
right.

3.  The applicant provides the following documents in support of his application:

	a.  Self-authored statement, undated.

	b.  ARPC Form 249-E, dated 22 June 2001.
	c.  DARPC Form 249-1-R (Request for Correction of Chronological Statement of Retirement Points for USAR Troop Program Unit Soldiers).

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 enlisted in the Regular Army on 30 July 1969 and he was separated on 18 February 1972 and issued a DD Form 214 which shows he completed 2 years, 6 months, and 19 days of active service.  On the following day, he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his Reserve obligation.

3.  His 20-Year Letter was issued on 3 November 1992.

4.  The applicant continued to serve in the USAR and was reassigned to the Retired Reserve on 12 March 1995.   

5.  On an unknown date, the applicant’s unit submitted a request for correction of his Chronological Statement of Retirement Points as indicated below:

	Beginning		Ending	IDT		Membership		Active Duty 
	Date			Date		Pts			Pts					Pts	

	770617	780616		48			15					14  
	780617	790616		47			15					15  
	790617	800616		44			15					17  
	830617	840616		55			15					16  
	850616	860616		40			15					15  
	880617	890616		56			15					41  
	900617	910616		56			15					29  


6.  The applicant’s Chronological Statement of Retirement Points, dated 22 June 2001, shows he had 23 years of qualifying service for retired pay at age 60 and 2,476 total points creditable.  

7.  The undated statement the applicant provided with his application outlines the corrections he believes need to be made to his Chronological Statement of Retirement Points.  He stated the following:

   a.  Eleven items need to be evaluated.
   
   b.  There are columns on the statement of retirement points that were added up wrong.
   
   c.  Requests for correction of retirement points were submitted seven times.

8.  The applicant’s Chronological Statement of Retirement Points, dated 8 March 2010, shows he completed 23 years of qualifying service for retired pay at age 60 and 2,508 total points creditable.  His retirement points statement shows he received the following retirement points for the eleven retirement years in question:

																					Total 
	Beg.		Ending		IDT		Membership		Active Duty 	 	Pts
	Date		Date			Pts			Pts					Pts				Creditable

	770617	780616		48			15					14  				74
	780617	790616		47			15					15  				75
	810617	820616		46			15					28					88
	830617	840616		55			15					00					60
	850616	860616		40			15					  1					56
	860617	870616		57			15					37					97
	870617	880616		51			15					10					70
	880617	890616		56			15					25					85
	890617	900616		53			15					25					85
	900617	910616		56			15					29					89
	920617	930616		51			15					15					75

9.  Army Regulation 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records) prescribes the types of training and activities retirement points are authorized.  Paragraph 2-1 covers the criteria for crediting retirement points and states the limitations on the number of points which may be 


credited to a Soldier during a retirement year are as follows:

	a.  A maximum of 365 points (366 during leap year). 

	b.  A maximum of 60 points for inactive duty training (IDT) and membership.  However, an Annual or Terminal Statement of Retirement Points will report all points earned.

	c.  Partial year- If a Soldier is separated or removed from an active status during a retirement year, the Soldier may be credited with a proportionate number of IDT points for that year as shown in appendix A.  Appendix B shows the minimum number of points required for a partial year for qualifying service.  Appendix C shows the number of membership points authorized for a partial year.

	d.  Membership – 15 points for each year in an active status.  If the Soldier is on active duty for more than 350 days (351 days in a leap year) membership points will be reduced so the maximum 365 points are not exceeded (366 in a leap year).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his Chronological Statement of Retirement Points has errors and the total points creditable do not add up for about 11 of his years.  However, the evidence of record does not confirm his retirement points were erroneously calculated for each of the 11 years in question.  

2.  The regulation governing the criteria for crediting retirement points stipulates the maximum of 60 points may be credited for IDT and membership points during a retirement year.  The evidence presented by the applicant shows his IDT points, membership points, and active duty points were accurately calculated.  

3.  The applicant’s Chronological Statement of Retirement Points, dated 8 March 2010, shows he completed 23 years of qualifying service for retired pay at age 60 and 2,508 total points creditable.  

4.  The applicant’s contention that additional corrections were made to his retirement points by his unit is acknowledged and supported by the evidence of record.  



5.  A review of the applicant’s unit's Request for Correction of the applicant's Chronological Statement of Retirement Points shows the applicant is entitled to 
additional active duty points for the retirement years as indicated:  

	Beginning		Ending	Active Duty
	Date			Date		Pts 

   830617	840616		16
	850616	860616		15
	880617	890616		41

6.  Therefore, the applicant’s Chronological Statement of Retirement Points should be updated to include the active duty points as listed in paragraph 5, above.  

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 updating his Chronological Statement of Retirement Points to show additional active duty points for the following retirement years:

	Beginning		Ending	Active Duty
	Date			Date		Pts	 

   830617	840616		16
	850616	860616		15
	880617	890616		41

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 amending his total points creditable for each of the 11 years in question.  




      _______ _   _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)                                         AR20090018129



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ABCMR Record of Proceedings (cont)                                         AR20090018129



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