IN THE CASE OF:
BOARD DATE: 27 March 2012
DOCKET NUMBER: AR20110021416
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 reallocation of his retirement points for retirement year (RY) 16 May 2003-15 May 2004 to give him 50 points and a qualifying retirement year.
2. The applicant states, in effect:
* he operated under the assumption his retirement year beginning (RYB) and retirement year ending (RYE) dates were 3 August-2 August
* for his RY 3 August 2003-2 August 2004 he earned 57 points and 1 qualifying RY
* in August 2011, his records were reviewed and his RYB-RYE dates were changed to 16 May-15 May
* this change resulted in a reduction in his retirement points for RY 16 May 2003-15 May 2004 from 57 to 46 and further resulted in a qualifying year being changed to a non-qualifying year
3. The applicant provides:
* Orders C-05-621759, U.S. Army Reserve Personnel Center (ARPERCEN), St. Louis, MO, dated 21 May 1996
* Orders C-05-621759A01, ARPERCEN, dated 28 May 1996
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 2 August 1989-1 August 1996
* memorandum for appointment as a Reserve commissioned officer, dated 16 May 1996
* ARPC Forms 249-E (Chronological Statement of Retirement Points), dated 1 July 2011, 25 August 2011, and 23 November 2011
* ARPC Form 249-E (Reverse) (Detail Point Listing for Previous Retirement Year)
CONSIDERATION OF EVIDENCE:
1. The applicant is a U.S. Army Reserve (USAR) officer serving in an active Reserve status. His records show:
* he enlisted and served in the USAR Delayed Entry Program from 2 May 1989 to 1 August 1989
* he served in the Regular Army from 2 August 1989 through 1 August 1992
* he served in the USAR from 2 August 1992 through 25 January 1993
* he had a break in service from 26 January 1993 through 15 May 1996
* he was commissioned on 16 May 1996 which established his RYE date as 15 May annually
2. The applicant served believing his RYB-RYE dates were 3 August-2 August annually. Using these dates, he successfully earned the minimum 50 points per year from August 1995 through July 2011. During RYE 2 August 2004, he earned 57 points, good for a qualifying year.
3. In August 2011, his RYB-RYE dates were found to be in error and were corrected. This correction changed his 57 points for August 2003-2004 to 46 points for May 2003-2004 and caused the loss of a qualifying RY.
4. Army Regulation 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records), paragraph 1-4, states the RY, once established, will not change as long as the Soldier has continuous service in an active status in a Reserve and/or Regular Component. It will change when there is a break in active status.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests reallocation of his retirement points. In effect, he wants to subtract points from RY 2002-2003 or RY 2004-2005 and add those points to RY 2003-2004.
2. Clearly, the applicant diligently earned the minimum number of retirement points each year for that year to qualify for retirement purposes. When his RYB-RYE dates were recalculated, the resulting change caused him to lose 1 qualifying RY. This is an injustice.
3. The applicant's ARPC Form 249-E should be corrected by subtracting four extension course points from RY 20040516-20050515 and adding these four points to RY 20030516-20040515.
BOARD VOTE:
___X_____ ___X_____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* changing RY 20030516-20040515 from 11 extension course points to 15 extension course points, thereby giving him 50 total points and 1 qualifying year
* changing RY 20040516-20050515 from 11 extension course points to 7 extension course points, thereby giving him 303 total points
____________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) AR20110021416
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ABCMR Record of Proceedings (cont) AR20110021416
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