IN THE CASE OF:	  

		BOARD DATE:	  4 October 2012

		DOCKET NUMBER:  AR20120004345 


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 additional correspondence course points be applied towards his retirement points.

2.  The applicant states correspondence course credits he completed while on active duty were never added to his military educational file.

3.  The applicant provides:

* his self-authored statement, dated 6 February 2010, with 12 enclosures
* 73 pages of correspondence course completions

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  His Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel file (OMPF), was not available for review.  However, sufficient records were available for the Board to conduct a fair and impartial review of this case.

3.  His ARPC Form 249-E (Chronological Statement of Retirement Points) shows he served from:

* 21 December 1970 - 6 June 1985 in the Regular Army (RA)
* 22 March 1988 - 20 August 1998 in the U.S. Army Reserve (USAR)

4.  One correspondence completion document, dated 21 March 1994, shows he received retirement points credit for 24 credit hours on 21 March 1994.  His ARPC Form 249-E shows in Column 6 (Extension Course Points) a credit of 8 points for retirement year ending (RYE) 21 March 1994.  The total retirement points for RYE 21 March 1994 is 37.

5.  Correspondence completion documents, dated 22 June to 19 October 1994, for the enrollment year ending 22 June 1995 show 44 cumulative credit hours from 22 June 1994 to 19 October 1994.  His ARPC Form 249-E shows in Column 6 a credit of 22 points for the RYE 21 March 1995.  The total retirement points for RYE 21 March 1995 is 50 points.

6.  The remaining correspondence completion documents are for completion of courses while he was in the RA.

7.  On 28 October 2010, his application for retired pay at age 60 was initially denied by U.S. Army Human Resources Command (HRC) because he had insufficient qualifying years of service.

8.  On 19 May 2011, he requested the ABCMR update his retirement points.  He was referred to HRC to exhaust his administrative remedy for updating his retirement points.

9.  On 21 June 2011, he submitted correspondence course paperwork, totaling 73 pages, to HRC for evaluation to determine additional retirement points.

10.  On or about 9 December 2011, HRC again denied his application for retired pay.  HRC stated he did not have sufficient qualifying service for retirement as shown on an attached ARPC Form 249-E.  However, there was no mention of whether his 73 pages of correspondence course completions provided any additional retirement points.

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.

	a.  The maximum total number of points which may be credited during a retirement year is 365 (366 during leap year) points.

	b.  Table 2-1 states when an individual completes an Army correspondence course nonresident instruction and is a Selected Reserve Soldier, Individual Ready Reserve, or Standby Reserve Soldier they will be awarded 1 point for each 3 credit hours satisfactorily completed.

DISCUSSION AND CONCLUSIONS:

1.  The correspondence completion document, dated 21 March 1994, showing 
24 credit hours would provide 8 retirement points (1 point for each 3 credit hours).  Column 6 of his ARPC Form 249-E for RYE 21 March 1994 already shows 8 points.  There is insufficient information available to the Board to show if these points were already assigned.  The total retirement points for RYE
21 March 1994 is 37.  Therefore, 8 additional retirement points would not make this RYE a qualifying year for retirement pay at age 60.

2.  The correspondence completion documents, dated 22 June to 19 October 1994, showing 44 cumulative credit hours would provide 15 retirement points 
(1 point for each 3 credit hours).  Column 6 of his ARPC Form 249-E for RYE
21 March 1995 already shows 22 points.  There is insufficient information available to the Board to show if these points were already assigned.  In addition, the total retirement points for this RYE is 50 and this RYE is already counted as a qualifying year for retirement.  Therefore, additional points for this RYE would not provide an additional qualifying year for retirement pay at age 60.  

3.  The remaining correspondence course completions were completed while he was in the Regular Army.  Therefore, they are not creditable for retirement points.

4.  In view of the foregoing, there is an insufficient evidentiary 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)                                         AR20120004345



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ABCMR Record of Proceedings (cont)                                         AR20120004345



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