BOARD DATE:	22 March 2012

	DOCKET NUMBER:  AR20110016094


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, correction of his Army Reserve Personnel Command (ARPC) Form 249-E (Chronological Statement of Retirement Points) to show his retirement year (RY) period as 25 February – 24 February instead of 28 May – 27 May.

2.  The applicant states:

* in the Spring of 2011, in preparation for his upcoming promotion board, he noticed certain errors in his record
* his Pay Entry Basic Date (PEBD) was listed as 7 September 1999 and his initial entry date was listed as 25 February 1999
* in reality, he signed his Reserve Officer Training Corps (ROTC) contract on 22 October 1997, he was commissioned on 28 May 1999, and he entered active duty on 9 September 99
* he immediately recognized the error and requested correction
* at the time he requested correction, he had accumulated 10 qualifying years for nonregular retirement ("good years"), based on his RY period being shown as 25 February – 24 February
* since transitioning from the active component to the U.S Army Reserve (USAR), he has been an active participant in the USAR, and he has worked diligently to ensure he accrues the requisite number of points in a retirement year so as to be credited with a "good year"

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* once the U.S. Army Human Resources Command (HRC) processed his request for correction, his RY period was changed to 28 May – 27 May
* the adjustment in his RY period caused his points to be reallocated into different year groups, causing him to fall below, in at least 3 instances, the requisite number of points needed for a "good year"
* upon discovering this, he immediately contacted HRC for assistance, but he was instead referred to the Army Board for Correction of Military Records (ABCMR)

3.  The applicant provides: 

* ARPC Forms 249-E, dated 7 October 2010
* Army Human Resources Command (AHRC) Form 249-2-E (Chronological Statement of Retirement Points), dated 9 June 2011
* ARPC Form 249-E, dated 15 September 2011
* an email message from an official at HRC

CONSIDERATION OF EVIDENCE:

1.  His record contains a DD Form 214 (Certificate of Release or Discharge from Active Duty) that shows:

* he entered active duty as a U.S. Navy midshipman on 30 June 1995
* he was discharged in absentia from the U.S. Naval Academy on 2 October 1995
* his service from 30 June 1995 through 2 October 1995 was not credited as active duty service in accordance with Bureau of Personnel (BUPERS) Instruction 1900.8

2.  On 27 August 1997, he began his collegiate studies at The Catholic University of America, Washington, DC.

3.  On 22 October 1997, the applicant enlisted, in the rank of cadet, into the USAR Control Group (Reserve Officer Training Corps (ROTC)) at Georgetown University, Washington, DC.  

4.  On 15 May 1999, he graduated from The Catholic University of America and he was awarded a Bachelor of Arts degree.

5.  On 28 May 1999, he was appointed as a Reserve commissioned officer of the Army in the rank/grade of second lieutenant (2LT)/O-1 in the USAR.  On
6 September 1999, he entered active duty.

6.  On 10 September 2001, he was appointed as a Reserve commissioned officer of the Army in the rank/grade of first lieutenant (1LT)/O-2 in the USAR.

7.  On 15 September 2001, he was honorably released from active duty.

8.  On 16 September 2001, he was appointed as a Reserve commissioned officer of the Army, in the rank/grade of 1LT/O-2, in the Maryland Army National Guard (MDARNG).

9.  On 30 June 2002, he was honorably released from the MDARNG and he was assigned to the USAR, where he continues to serve.

10.  The applicant provides:

* ARPC Form 249-E, dated 7 October 2010, that shows his RY period as
25 February through 24 February
* AHRC Form 249-2-E, dated 9 June 2011, that shows his RY period as
28 May through 27 May
* ARPC Form 249-E, dated 15 September 2011, that shows his RY period as 28 May through 27 May

11.  Army Regulation 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records) 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 U.S. Army Reserve Soldiers.  It further prescribes the criteria for establishing a RY period.

	a.  Paragraph 1-3 states that only Soldiers of the Ready Reserve (other than ROTC and delayed entry control group Soldiers) and the Active Standby Reserve are authorized retirement point credit.

	b.  Paragraph 1-4b states that for Soldiers beginning their service after 1 July 1949, the RY beginning date will be their date of initial entry or reentry (after a break in service) into a Reserve Component.

	c.  Paragraph 1-4c states that once a RY period has been established, it will not change as long as the Soldier has continuous service in an active status in a Reserve and/or Regular component.  

12.  Department of Defense Instruction (DODI) Number 1215.07, dated
18 November 2005 and incorporating Change 1, dated 7 November 2008, establishes responsibilities and uniform procedures, consistent with requirements, for the crediting of Active and Reserve service for nonregular retirement under the applicable sections of Title 10, U.S. Code.

	a.  Paragraph 6.1.1 (Qualifying Years of Satisfactory Service) provides that a qualifying year of service for nonregular retired pay is a full year, as described in paragraphs 6.1.2. and 6.1.3., during which a Soldier of the Regular or Reserve component is credited with a minimum of 50 retirement points.  Except as otherwise provided by law, the accumulation of 20 such years is one requirement necessary to qualify for non-regular retired pay.

	b.  Paragraph 6.1.2 (Establishment of an Anniversary Year) provides that the full-year periods used for the crediting of qualifying years for nonregular retirement shall be based on anniversary years as set out in this Instruction.  Except as noted in paragraph 6.1.4., below, these anniversary year periods are calculated from an anniversary date.  The date to determine the anniversary year is established by the date the member entered into active service or into active status in a Reserve component.

	c.  Paragraph 6.1.3 (Adjustment to Anniversary Years) provides that the start date (month and day) for each successive anniversary year will not be adjusted unless the member has a break-in-service.  A break-in-service occurs only when a member transfers to an inactive status list, the inactive National Guard, a temporary disability retired list, the Retired Reserve, or is discharged to civilian life for longer than 24 hours.  There will be no break-in-service if the member transfers directly to another Regular or Reserve component.

	d.  Paragraph 6.1.4 (Exceptions to Calculating Anniversary Years) provides that in the case of officers with Reserve service as a cadet or midshipman at a Service Academy or in an ROTC program, the date for the start of a Soldier's initial anniversary year will be established by the date the member entered into active service or active status [in a Reserve component], minus any service as a cadet or midshipman.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his AHRC Form 249-2-E Chronological Statement of Retirement Points to show his RY period as 25 February – 
24 February instead of 28 May – 27 May.

2.  The evidence of record shows the applicant entered the ROTC program on
22 October 1997 and he was appointed as a 2LT on 28 May 1999.

3.  He submitted as evidence an ARPC Form 249-E that shows his RY period as 25 February – 24 February.  It appears he was incorrectly credited with previous U.S. Navy service (3 months and 3 days), which was subtracted from his date of appointment as an officer (28 May 1999) to establish an incorrect RY period.

4.  His RY period, as reflected on subsequent AHRC Forms 249-2-E, began upon his appointment, which is the date he entered into active service in the Reserve component.  In accordance with Army Regulations and DoD Instructions, his RY period appears to have been properly established.

5.  The RY period he requested was incorrectly computed and his records have since been corrected to establish his proper RY period; therefore, there is no basis for granting the applicant's 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)                                         AR20110016094



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