IN THE CASE OF:
BOARD DATE: 10 April 2012
DOCKET NUMBER: AR20120003283
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 her Army Reserve Personnel Command (ARPC) Form 249-E (Chronological Statement of Retirement Points) to show her retirement year (RY) period as September September instead of May - May.
2. The applicant states:
a. Upon entering the U.S. Army Reserve (USAR) from active duty she was briefed and told that her anniversary month would be September and her RY period would run from September to September. She was also told that she should attend all drills and at least 2-weeks of active training in that period and she did so. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she entered active duty on 7 September 1993. Her ARPC Forms 249-E, dated 18 November 2009 and 14 December 2009, show her RY period as 15 April to 15 April. Her ARPC Form 249-E, dated 10 July 2010, shows her RY period as 22 May to 21 May.
b. In 2009, she received her commission in the USAR and requested an ARPC Form 249-E. When she received the form she found her active duty time was not listed and asked for it to be corrected. In 2010, she received a corrected ARPC Form 249-E which included her active duty time but her RY period had changed from September to May. This form also indicated she only had 12 years and 9 months of qualifying years for retirement instead of including her active duty time as qualifying years. A clerical error should not allow her to be stripped of 3 years towards retirement.
3. The applicant provides her DD Form 214, DA Form 2A (Personnel Qualification Record), and three ARPC Forms 249-E.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show she enlisted in the Delayed Entry Program (DEP) on 22 May 1993 and was released from the DEP on 6 September 1993.
2. She enlisted in the Regular Army (RA) in the rank/grade of private first class/E-3 on 7 September 1993.
3. She was honorably released from the RA on 28 February 1996 in the rank/grade of specialist/E-4 and she was transferred to the USAR Control Group (Annual Training). She completed 2 years, 5 months, and 24 days of creditable active service.
4. She continued to serve in an active status in the USAR since her entry on 29 February 1996.
5. On 15 April 2009, she was appointed as a Judge Advocate General's Corps first lieutenant in the USAR. She was promoted to the rank of captain on 31 August 2010.
6. She was assigned to the 174th Legal Services Detachment, Troop Program Unit, Miami, Florida.
7. On 1 June 2011, she was ordered to active duty in support of contingency operations and was assigned to Headquarters and Headquarters Company, 172nd Infantry Brigade, Germany, for a period of 365 days.
8. Her ARPC Form 249-E, dated 7 March 2012, shows her RY period as 22 May to 21 May. It also shows she was awarded retirement point credit for the time she spent in the DEP.
9. 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 USAR Soldiers. It further prescribes the criteria for establishing a RY period.
a. 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.
b. 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.
10. 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 non-regular retirement under the applicable sections of Title 10, U.S. Code.
a. Paragraph 6.3 (Eligibility for Retirement Point Credit for Non-Regular Retirement) provides that members in certain categories are eligible for retirement point credit.
b. Paragraph 6.3.2 states members of a Reserve component in an active status, including service in a DEP, are credited retirement point credit for their service since it is service in an active status as a member of the Ready Reserve.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant initially entered the USAR in the DEP on 22 May 1993. As the RY is established as the beginning date of the Soldier's initial entry into a Reserve component, her RY would be 22 May - 21 May which is correctly shown on her ARPC Form 249-E, dated 7 March 2012. Therefore, she is not entitled to 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 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.
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