BOARD DATE: 2 November 2010
DOCKET NUMBER: AR20100012865
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.
2. The applicant states:
* He completed 20 years of active and Reserve service
* He had several points taken from him which is preventing him from retiring with 20 qualifying years of service
* He will complete his personal statement to show that the points that were taken from him should not have been because of errors and facts that were omitted from his record
* He served on active duty from 28 March 1977 through 2 April 1980
* He was a member of the United States Army Reserve (USAR) from May 1977 until the year 1990
* He was recalled to active duty from Individual Ready Reserve and he served on active duty from 28 July 1991 through 8 August 1992
* After he completed his active service he returned to the USAR where he served until 1995
* He made several mistakes in his career for which he takes full responsibility, but he was awarded the Army Achievement Medal and two Army Commendation Medals
* There are other events for which he should have been recognized which are not documented
* Please investigate this matter as he does not believe he should have had points taken away from him denying his eligibility for retirement
3. The applicant provides copies of his DD Forms 214 (Certificate of Release or Discharge from Active Duty) dated 8 August 1992 and 2 April 1980.
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 applicants 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 applicants 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 that he had 14 years, 10 months and 3 days of total inactive service and 4 years, 4 months and 12 days of total active service when he reenlisted in the USAR for 6 years on 3 December 1993.
3. On 2 January 1996, Department of the Army Orders 2-6 were published honorably discharging him from the USAR, effective 16 January 1996.
4. The applicant's records contain a Chronological Statement of Retirement Points dated 11 October 1993 which shows for retirement year ending (RYE) 18 July 1992, he earned a total of 15 creditable points for retirement and for RYE ending 18 July 1993 he earned a total of 27 creditable points for retirement.
5. His records also contain a Chronological Statement of Retirement Points dated 16 September 2010, which shows, aside from the creditable points he earned during RYE 18 July 1992 and 18 July 1993, he earned 42 creditable points for RYE 18 July 1994 and 15 creditable points for RYE 18 July 1995. The statement shows he earned a total of 99 creditable points for retirement. It does not show his Regular Army service.
6. A review of the available records does not show he completed 20 qualifying years of service for retirement purposes. Neither of the two Chronological Statements of Retirement Points show that he earned 20 qualifying years of service for retirement purposes or sufficient points for retirement.
7. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been considered. However, there is no evidence in the available record, nor has he submitted any evidence to show that retirement points were taken from him either erroneously or unjustly.
2. By regulation, the Board considers a case based on the evidence of record and independent evidence it is provided. The Board is not an investigative body and the burden of proving an error or injustice rests with the applicant. In this case, the applicants request that the Board investigate his contention that retirement points were taken away from him in error or unjustly are not viable.
3. The applicant stated he was completing a personal statement to show that retirement points were taken away from him in error or unjustly. However, there is no personal statement attached to his application. However, if he has evidence that he should be credited with additional retirement points, he should contact the U.S. Army Human Resources Command. That agency can update his retirement points history statement with evidence showing he earned additional points.
4. In view of the foregoing, there is no basis for crediting him with any additional retirement points as he requests.
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) AR20100012865
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ABCMR Record of Proceedings (cont) AR20100012865
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