BOARD DATE:	  20 January 2011

		DOCKET NUMBER:  AR20100015704 


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 Army Reserve Personnel Center (ARPC) Form 249-E (Chronological Statement of Retirement Points) to add 
89 days to his active duty points for Retirement Year Ending (RYE) 1 August 1974, and one year of Active Reserve time (60-point rule) to RYE 1 August 1975.

2.  He states his release from active duty (REFRAD) occurred 89 days prior to his original expiration term of service date of 29 October 1974, due to an agreement he made with the Regular Army.  The agreement consisted of a 
90-day early REFRAD for successful completion of one year of Active Reserve duty with Headquarters and Headquarters Company (HHC),  6th Battalion, 68th Armor Regiment (6/68 Armor), 157th Infantry Brigade (Bde) (Mechanized (Mech)), Bethlehem, PA. 

3.  He contends the agreement stated once the one year of Active Reserve duty was completed, he would be given credit for two full years of Regular Army time and one year of Active Reserve time.  He states he met the terms of the contractual agreement; however, it is not reflected on his ARPC Form 249-E.  He indicated he requested to have his record corrected once before in March 1988, but it was never made.  

4.  He provided a copy of the following documentation in support of his request:

* Letter Orders (LO) Number 12-27, Headquarters (HQ), First United States Army, dated 28 December 1973
* A HQ Fort Lewis (HFL) Form 1329 (Statement of Understanding), dated 17 January 1974
* Special Orders (SO) Number 207 (Extract), HQ, 9th Infantry Division and Fort Lewis, dated 26 July 1974
* A DD Form 214 (Report of Separation from Active Duty) for the period ending 1 August 1974
* SO Number 37, Department of the Army, 6/68 Armor, 157th Bde 				(Mech), dated 6 August 1974
* A DD Form 220 (Active Duty Report), dated 11 August 1974
* A First Army (1AA) Form 838 (Orientation Statement of Reserve Agreement Understanding), dated 22 September 1974
* A DA Form 1380 (Record of Individual Performance of Reserve Duty Training), dated 11 December 1974
* A DA Form 3725 (Army Reserve Status and Address Verification), dated 
   27 January 1975
* A Statement of Responsibility when in Possession of Weapons, Ammunition and Explosives, dated 1 February 1975
* A 1AA Form 831 (Request for Assignment or Attachment of USAR Personnel), dated 8 July 1975
* LO Number 07-583, HQ, First United States Army, dated 21 July 1975
* An ARPC Form 249-E, dated 14 October 2009
* A DA Form 20 (Enlisted Qualification Record), dated 18 May 1984
* A DD Form 214 (Certificate of Release or Discharge form Active Duty) for the period ending 8 January 1987

CONSIDERATION OF EVIDENCE:

1.  His record shows he initially enlisted in the Regular Army (RA) on 30 October 1972, for a period of 2 years.  After completion basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 94B (Cook).  He is currently assigned to an active Reserve Troop Program Unit in a drilling status. 

2.  He provided a copy of LO Number 12-27, subject:  Annual Training 74, dated 
23 December 1973.  These orders indicated he was directed to attend annual training (AT) at Camp Drum, NY from 17 August to 31 August 1974.  

3.  A copy of an HFL Form 1329 that he also provided shows he voluntarily elected to accept a 90 day early REFRAD in order to fill a vacancy in HHC, 6/68 Armor, Bethlehem, PA, in MOS 94B.  He also indicated he understood he would incur a one year contractual military service obligation with the 6/68 Armor unless sooner relieved by proper authority.  

4.  A copy of SO Number 207 shows he was REFRAD on 1 August 1974 and transferred to the USAR for further assignment to HHC, 6/68 Armor.  The special instructions stated the following:  “Individual will report to the above unit of assignment on 16 August 1974.  This individual is credited with his full term of active duty of 24 months."  

5.  A copy of the DD Form 214 for period ending 1 August 1974 shows the following:

* Item 9a (Type of Separation) - Relief from active duty (AD) – Individual accepts direct assignment to the USAR indicated in item 12 (Command to Which Transferred)
* Item 12 - HHC, 6/68 Armor, Bethlehem, PA
* Item 18a (Net Active Service this Period) - 2 years - 0 months - 0 days
* Item 18c (Total Active Service) - 2 years - 0 months - 0 days
* Item 18e (Total Service for Pay) - 2 years - 0 months - 0 days

6.  He provided a copy of SO Number 37, dated 6 August 1974, which reassigned him from HHC, 6/68 Armor to Support Company (SC) 6/68 Armor.  

7.  A copy of the DD Form 220 he provided confirms he completed 15 days of AT from 17 August to 31 August 1974.

8.  He also provided a 1AA Form 838, dated 22 September 1974.  He placed brackets around the following section of this form:  

“I understand that I will be ordered to active duty for a period which, when added to my prior service on active duty, active duty for training, annual field training or fulltime training duty, will total twenty-four (24) months if I fail to attend Annual Active Duty for Training or if I fail to participate satisfactorily by accruing in any one-year period a total of five or more unexcused absences for schedule unit training assemblies (UTA).”  

9.  The copy of the DA Form 1380 he provided shows he successfully attended the UTAs on the following dates, and earned one retirement point for each:

* 20 November 1974
* 27 November 1974
* 4 December 1974
* 11 December 1974

10.  He provided a copy of a 1AA Form 831, dated 8 July 1975.  This form indicated he completed the one year obligated assignment with the SC, 6/68 Armor, Bethlehem, PA and also directed he be transferred to the USAR Control Group for completion of his Reserve service obligation which ended on 
29 October 1978.

11.  A copy of LO Number 07-583, which he also provided, shows he was reassigned to the USAR Control Group (Reinforcement), effective 1 August 1975. 

12.  A DD Form 215 was issued on 23 March 1988, which amended items 18a, 18c, and 18e to read, “01 year - 09 months - 02 days.”  

13.  He provided a copy of his ARPC Form 249-E, dated 14 October 2009.  This form shows the following information:

RYB
RYE
Component
Active Duty Points
Qualifying for Retirement (Years, Months, Days)
Total Point Creditable
30 October 1972
29 October 1973
RA
365
01, 00, 00 
365
30 October 1973
1 August 1974
RA
276
00, 09, 03
276
2 August 1974
1 August 1975
USAR
0
00, 00, 00
15
2 August 1975
1 August 1976
USAR
0
00, 00, 00
15
14.  He also provided a copy of a DD Form 214 for the period ending 8 January 1987.  This form shows he enlisted in the RA on 9 August 1983 and was honorably discharged at the expiration of his term of service.  Item 12 (Record of Service) shows the following entries:

* 12c (Net Active Service This Period) – 03 Year(s), 05 Month(s), 00 Day(s)
* 12d (Total Prior Active Service) – 01 Year(s), 09 Month(s), 02 Day(s)
* 12e (Total Prior Inactive Service) – 04 Year(s), 09 Month(s), 08 Day(s)

15.  A review of the U.S. Army Human Resources Command (AHRC), Integrated Web Services (IWS) shows he called AHRC on 2 April 2010.  AHRC indicated his Reserve unit included information in SO Number 207 Extract which erroneously gave him active duty credit for two years.  AHRC also stated that the DD Form 215 which was issued in 1988 was in fact correct.  He was further advised to seek resolution through this Board. 

16.  A staff member of the ABCMR generated an ARPC Form 249-E on 
10 December 2010.  This form shows four inactive duty points and 15 active duty points were added to RYE 1 August 1975; resulting in 34 total points creditable for that period. 

17.  Army Regulation 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records) provides the policy for training and retirement point credits for members of the USAR.  It prescribes the types of training and activities for which retirement points are authorized.  It discusses the procedures for recording retirement point credits and training for USAR Soldiers. It states, in pertinent part, that the maximum for IDT and membership is 
60 points.  Annual or Terminal Statement of Retirement Points will report all points earned.  Individuals will be awarded 15 membership points for each year in an active status.  It further states that personnel on AD, active duty training (ADT), inactive duty for training (IADT), involuntary ADT, or AT are awarded one point for each calendar day they serve in one of these categories and may not be awarded additional points for other activities while in such status.  The following rules apply:  (1) One point will be awarded for each scheduled 4-hour period of IDT with a maximum of 2 points in 1 calendar day; (2) One point for each 2 hour or greater period with a maximum of 1 point in 1 calendar day; and (3) One point for each 2 hour or greater period under the two/eight-hour rule.  

18.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The information entered on the form should be complete and accurate.  Chapter 2 of this regulation governs the preparation of the DD Form 214.  The version in effect at the time shows that item 9d (Effective Date) shows the Soldier’s transition date, the effective date of separation, discharge, or release from active duty.  This date may not be the contractual date if the Soldier is separated early, voluntarily extends, or is extended for make-up of lost time, or retained on active duty for the convenience of the Government; Item 15 (Date Entered Active Duty This Period) shows the date of entry on active duty; and Item 18 (Record of Service) shows the record of service.  

19.  Extreme care is used when completing item 18 of the DD Form 214 as post-service benefits, final pay, retirement credit, and so forth are based on this information.  Item 18a shows the amount of service, computed by subtracting item 15 from 9d.  Lost time under 10 U.S. Code (USC) 972 and non-creditable time after ETS, if any, are deducted. Such time will be identified in block 18.  Item 18c shows the total active service (less lost time) covered by the DD Form 214.

20.  Title 10, USC, Section 651, prescribes the law as it pertains to required service.  It states, in pertinent part, that each person who becomes a member of an armed force, shall serve in the armed forces for a total initial period of not less than six years nor more than eight years, as provided in regulations prescribed by the Secretary of Defense for the armed forces, unless such person is sooner discharged under such regulations because of personal hardship.  Any part of such service that is not active duty or that is active duty for training shall be performed in a reserve component.  Each person covered by subsection who is not a Reserve, and who is qualified, shall, upon his release from active duty, be transferred to a reserve component of his armed force to complete the required Service obligation.   
21.  Title 10, USC, Section 12103, prescribes the terms of Reserve components personnel.  It states, in pertinent part, each person enlisted under this subsection shall serve on active duty for a period of not less than two years and the rest of his period of enlistment as a member of the Ready Reserve. 
22.  Title 10, USC Section 12104, prescribes the transfer of Reserve component personnel.  It states, in pertinent part, a person who would otherwise be required to be transferred to a reserve component under section 651, is entitled, if he/she is qualified and accepted, to be enlisted in any armed force that he/she chooses and to participate in the programs authorized for that armed force.  All periods of his participation shall be credited against the total period of service required of him under section 651 of this title.  However, no period may be credited more than once.  A person covered by this subsection shall perform the rest of his/her required term of service in the armed force in which he is so enlisted or in any other armed force in which he is later enlisted.  This section does not change any term of service under an enlistment or agreement, including an agreement made before or at the time when the member entered upon a program authorized by an armed force. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he initially enlisted in the RA on 30 October 1972, for a period of 2 years and was honorably REFRAD on 1 August 1974 to accept a direct assignment to a USAR unit.  He completed 1 year, 9 months, and 
2 days of creditable military service, which is correctly reflected on his 
DD Form 215.  

2.  Notwithstanding the special instruction contained on SO Number 207 which stated “the individual is credited with his full term of active duty of 24 months,” Title 10, USC, Section 12104 states time spent in an AD or Reserve component status, shall not be credited more than once. 

3.  His ARPC Form 249-E, generated on 10 December 2010, correctly credits him with the appropriate active duty points and total points creditable for RYE     1 August 1975. 

4.  In view of the foregoing, there appears to be no error or injustice as it pertains to his active duty service as it has been recorded on his DD Form 215 or on his ARPC Form 249-E, which was generated on 10 December 2010.  Therefore, there is no basis to grant 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.




      _______ _ 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)                                         AR20100015704





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ABCMR Record of Proceedings (cont)                                         AR20100015704



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