IN THE CASE OF:	  

		BOARD DATE:  25 September 2012

		DOCKET NUMBER:  AR20120002345 


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 records to show additional retirement point credit for his service in the U.S. Army Reserve (USAR) in 2011.

2.  The applicant states he was not given credit for all the retirement points he earned during 2011 while serving in the Standby Reserve for points only.  This caused him to have a "bad" year for retirement even though he attended drills (inactive duty training).  He was placed in the Standby Reserve due to his civilian employment.  Although he was not paid for the drills, he attended the Combined Arms and Services Staff School for retirement points only, an annual training period, several 1 and 2-week training periods with a Reserve unit, and monthly drills with the Connecticut Army National Guard (ARNG).

	a.  The U.S. Army Human Resources Command (HRC) decided to stop crediting his retirement points in August 2011 because he was not attached to a unit.  However, no one ever bothered to tell him he had to be attached to a unit to earn points for the previous 8 years he drilled for points only.  He believes he should receive credit for the retirement points he earned up to the date he was informed by HRC instead of the DA Form 1380 (Record of Individual Performance of Reserve Duty Training) HRC was working on when HRC stopped crediting points, which was his April 2011 DA Form 1380.

	b.  He was in the Standby Reserve from December 1999 to September 2011.  During that time he attended drills with the Connecticut ARNG for points only from September 2005 to October 2011.  At the conclusion of each drill, he would have a responsible officer sign a DA Form 1380 attesting that he had participated in drills and documenting retirement points earned.  Every month HRC would credit him with the points.  In August 2011, he received an email from HRC stating they would no longer credit his points because he was not attached to the Connecticut ARNG.  At the time he received the email, HRC was working on points he earned in April 2011, 4 months earlier.  He attended drills for 4 months never knowing that HRC was not going to accept the points.  HRC stated the points could not be credited due to an Army regulation which states he has to be attached to a unit to receive points.

	c.  In the previous 5 years of drills, no one ever made him aware of the regulation.  If someone had, he would have taken steps to get attached to the Connecticut ARNG.  He doesn't believe HRC was aware of the regulation because they credited his points up to April 2011.  He earned approximately 20 retirement points during the period April to August before HRC told him about the policy.  He would like to be credited with all the retirement points he earned, but he would settle for the points he needs to make a "good" retirement year.

	d.  His HRC (formerly known as U.S. Army Reserve Personnel Command (ARPC)) Form 249-E (Chronological Statement of Retirement Points) shows HRC credited him with retirement points from 2005 to March 2011 without him being attached to a unit before deciding to enforce the policy.  He is aware of the policy now.  He is disputing the fact that HRC waited until August 2011 to inform him of the policy and that HRC was 4 months behind in processing his retirement points when HRC decided to enforce the policy.  By the time HRC informed him of the policy, it was too late for him to get attachment orders before the end of his retirement year.

3.  The applicant provides:

* HRC email
* DA Forms 1380
* ARPC Form 249-E

CONSIDERATION OF EVIDENCE:

1.  Having prior commissioned service in the ARNG, the applicant transferred to the USAR on 14 December 1999.  On 1 March 2000, he was assigned to the Standby Reserve.  He was promoted to major on 5 July 2008.

2.  He provided DA Forms 1380 from the Connecticut ARNG which show he earned:

* 4 retirement points for March 2011 – unspecified duty
* 4 retirement points for April 2011 – unspecified duty
* 4 retirement points for May 2011 – unspecified duty
* 4 retirement points for June 2011 – unspecified duty
* 6 retirement points for July 2011 – unspecified duty

3.  On 11 August 2011, he received an email from HRC regarding his DA Form 1380 for April 2011.  He was instructed to resubmit a DA Form 1380 showing he was assigned to the unit shown in HRC records or to update his records in HRC if he was assigned to the unit shown on his DA Form 1380 (Connecticut ARNG headquarters).

4.  On 22 August 2011, he was released from the Standby Reserve and assigned to the USAR Control Group (Reinforcement).

5.  On 29 August 2011, he was informed by HRC that his DA Form 1380 for April 2011 was rejected because he did not have assignment orders to the Connecticut ARNG unit.

6.  On 30 August 2011, the HRC Inspector General informed him that he must be attached to a unit to drill for points only per paragraph 3-3(3) of Army Regulation 140-185 (Army Reserve Training and Retirement Point Credits and Unit Level Strength Accounting Records).  Also, the HRC database reflected that he was released from his unit of assignment on 19 February 2010.

7.  He was ordered to active duty on 29 October 2011 in support of Operation Enduring Freedom.  He served in Afghanistan from 5 November 2011 to 4 March 2012.  He was released from active duty on 16 March 2012.

8.  His ARPC Form 249-E, dated 24 January 2012, shows he earned:

* 53 retirement points for retirement year ending (RYE) 24 October 2009 (38 inactive duty points and 15 membership points)
* 52 retirement points for RYE 24 October 2010 (37 inactive duty points and 15 membership points)
* 47 retirement points for RYE 24 October 2011 (32 inactive duty points and 15 membership points)

9.  On 2 March 2012, he was appointed as a major in the ARNG.

10.  His records do not contain orders attaching him to a USAR or ARNG unit for retirement points only.

11.  Army Regulation 135-180 (ARNG and USAR Qualifying Service for Retired Pay Nonregular Service) implements statutory authorities governing the granting of retired pay to Soldiers and former Reserve Component Soldiers.  Paragraph 2-8 states a Reserve Soldier must earn a minimum of 50 retirement points each retirement year to have that year credited as qualifying service.  Only Soldiers assigned to an active status in a Reserve Component or individuals in active Federal service are authorized to earn retirement point credits.

12.  Army Regulation 140-1 (Army Reserve Mission, Organization, and Training) provides policy guidance on the mission, organization, and training of the USAR.  Paragraph 2-15 states the Standby Reserve consists of Soldiers who maintain their military affiliation without being in the Ready or Retired Reserve.  Membership is limited to those Soldiers having mobilization potential.  Soldiers with a statutory military service obligation, temporarily placed in the Standby Reserve, will be transferred back to the Ready Reserve at the earliest possible date.  Voluntary Standby Reserve Soldiers, unable to transfer to the Ready Reserve and possessing critical skills determined by the Secretary of the Army to be mobilization assets, may be retained instead of discharged.  Soldiers assigned to the Standby Reserve will be placed in one of the following categories:

	a.  Active Status List.  Soldiers on the Active Status List may participate in Reserve training activities at no expense to the government, earn retirement points, and be eligible for promotion.  They are not eligible for promotion to general officer ranks.

	b.  Inactive Status List.  Soldiers on the Inactive Status List may not train for pay or retirement points and are not eligible for promotion.

13.  Army Regulation 140-10 (Army Reserve Assignments, Attachments, Details, and Transfers) prescribes policies, responsibilities, and procedures to assign, attach, detail, remove, or transfer USAR Soldiers.  Paragraph 1-6 states assignment, reassignment, transfer, and attachment will be announced in written orders.

14.  Army Regulation 140-185 prescribes the types of training and activities for which retirement points are authorized and the procedures for recording retirement point credit and training for USAR Soldiers.  Paragraph 3-3(3) states the DA Form 1380 is used to record inactive duty training by non-unit Soldiers under the jurisdiction of HRC who are attached for retirement points only to USAR troop program units, ARNG units, or to another service or component for training.

15.  Army Regulation 140-10, paragraph 3-3, states a DA Form 1380 is used to record inactive duty training by non-unit Soldiers under the jurisdiction of HRC who are attached for retirement points only to USAR troop program units, ARNG units, or to another service or component for training.  The code "N" will be entered in item 10c before the retirement point credit.  The code "N" indicates the Soldier is entitled to retirement point credit only.  A brief description of the duties performed will be entered in item 10d.  Appendix E lists the main type of training duties with training codes to be used.  The term "administrative duties" will not be entered unless the Soldier is authorized on orders to perform such duties.  The authorization for the training reported on a DA Form 1380 must be entered in item 10, to include the approving headquarters and date of approval.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was not credited for all the retirement points he earned during 2011 while serving in the Standby Reserve.

2.  It appears that HRC was crediting him with retirement points he earned with the Connecticut ARNG up until April 2011 when HRC discovered the error.  As a result, he was three retirement points short of a qualifying year for 2011.

3.  He provided evidence which shows he earned 18 retirement points for duty performed with the Connecticut ARNG during the period April to August 2011.  However, the DA Forms 1380 do not properly document the nature of the duties he performed as specified by Army regulation.  Therefore, there is insufficient evidence to support his request to credit him with an additional 18 retirement points.

4.  Nevertheless, his records show he received 53 retirement points during RYE 24 October 2009 and he received 47 retirement points during RYE 24 October 2011.  As a matter of equity, it would be appropriate to redistribute three retirement points he earned during RYE 24 October 2009 to RYE 24 October 2011 to make 2011 a qualifying year for retirement.

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 redistributing three retirement points from his RYE 24 October 2009 to RYE 24 October 2011.



      __________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)                                         AR20120002345



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ABCMR Record of Proceedings (cont)                                         AR20120002345



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