Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130004717
Original file (20130004717.txt) Auto-classification: Approved

		IN THE CASE OF:	

		BOARD DATE:	  23 January 2014

		DOCKET NUMBER:  AR20130004717 


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, adjustment of his retirements points to show he received a "good year" for retirement year ending (RYE) 29 August 2001, award of additional retirement points for the period he was unable to attain "good" years of service for retired pay purposes, and an extension of his mandatory removal date so he can qualify for 20 years of military service.

2.  The applicant states, in effect, he received a notice of non-selection for promotion and was informed that he would be discharged no later than 1 January 2001; however, the discharge orders were revoked on 30 October 2000.  Unfortunately, he was unable to drill (perform inactive duty training (IDT)) with his unit during the period he was pending discharge and did not receive a "good" year for retirement year 29 August 2000-28 August 2001.

3.  The applicant provides copies of his promotion orders to captain (CPT), oath of office; chronological statement of retirement points; notification of promotion status memorandum; second non-selection for promotion memorandum; discharge orders; revocation of discharge orders; notification of selective continuation memorandum; reduced retirement age for reserve component soldiers based on active duty performance memorandum; and Title 32, U.S. Code, section 647.

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.  The applicant was appointed as a U.S. Army Reserve first lieutenant in the Army Nurse Corps on 29 August 1994.  He was credited with qualifying years for Reserve retirement through RYE 28 August 2000.

3.  On 30 October 2000, the U.S. Army Reserve Personnel Command, St. Louis, MO, published Orders D-10-058369 discharging the applicant effective 1 January 2001.  On 9 October 2001, the discharge orders were revoked and the applicant has completed qualifying years for retirement from RYE 28 August 2002 to the present.  He was promoted to the rank of CPT on 1 April 2003.

4.  In the processing of this case a staff advisory opinion was obtained from the U.S. Army Reserve Command, Fort Bragg, NC, dated 28 June 2013, which opines that the applicant should be credited with retirement points for 28 IDT assemblies and 12 days of annual training along with the associated pay for RYE 28 August 2001.  He should also be credited with 8 additional IDT points for RYE 28 August 2002 and 28 IDT points, 8 membership points, and 14 days of annual training for the remainder of RYE 28 August 2013, which will give the applicant 18 years of qualifying service and place him in sanctuary to complete 20 years of service.

5.  The advisory opinion was provided to the applicant for comment and to date no response has been received by the staff of the Board.

6.  Army Regulation 135-180 (Qualifying Service for Retired Pay Nonregular Service) establishes service that is creditable as qualifying for Reserve retirement purposes.  It provides that a Reserve Soldier must earn a minimum of 50 retirement points each retirement year to have that year credited as qualifying service.



DISCUSSION AND CONCLUSIONS:

1.  The evidence in this case suggests that the applicant was erroneously notified that he was being discharged during RYE 28 August 2001 and thus was denied the opportunity to earn sufficient points for a qualifying year.

2.  Inasmuch as his discharge was subsequently revoked because it had been erroneously issued, it would be in the interest of justice and fairness to the applicant to award the him points for 28 IDT assemblies and 12 days of annual training with entitlement to pay and allowances for RYE 28 August 2001.

3.  He should also be awarded 8 IDT points for RYE 28 August 2002 and 28 IDT points, 8 membership points, and 14 annual training points for RYE 28 August 2013.

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:

* awarding the applicant retirement points for 28 IDT assemblies and 12 days of annual training for RYE 28 August 2001 with entitlement to pay and allowances


* awarding him points for 8 IDT assemblies for RYE 28 August 2002 and 28 IDT points, 8 membership points, and 14 annual training points for RYE 28 August 2013 with entitlement to pay and allowances

   
   

      ____________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)                                         AR20130004717



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130004717



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2002 | 2002069736C070402

    Original file (2002069736C070402.rtf) Auto-classification: Approved

    A 1989 USAR Standby Advisory Board reviewed his record and selected him for promotion to MAJ. A 1989 Army Board for Correction of Military Records (ABCMR) Proceedings directed that his discharge be voided, that he be promoted to MAJ, that he be credited with qualifying service for Reserve retirement, and that an explanation be placed in his records to show that the resulting gap in Officer Evaluation Reports (OERs) was due to no fault of the officer. On 18 October 1988, ARPERCEN issued...

  • ARMY | BCMR | CY2005 | 20050012803C070206

    Original file (20050012803C070206.doc) Auto-classification: Approved

    The applicant voluntarily requested transfer to the Retired Reserve, the request was approved and the applicant was discharged from the ALARNG and transferred to the Retired Reserve on 4 April 2005. The previous ABCMR found the ASB improper and the Secretarial Authority approved the recommendation to redo the ASB. Given the Board's prior decision, the subsequent ASB, and the TAG's action, he should be made whole by granting an antedated reenlistment contract if appropriate; restoring any...

  • ARMY | BCMR | CY2011 | AR20080015482

    Original file (AR20080015482.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his records to show the minimum points necessary for a qualifying retirement year for each of the three years he served as a reservist in the Reserve Officers’ Training Corps (ROTC). This document, in pertinent part, shows beginning on 1 October 1991 through the retirement year ending (RYE) date of 13 May 1993, the applicant was a member of the ROTC and did not earn any creditable retirement points. The applicant’s military personnel records...

  • ARMY | BCMR | CY2014 | 20140017668

    Original file (20140017668.txt) Auto-classification: Approved

    The applicant requests correction of his records to show additional retirement point credit for his service in the U.S. Army Reserve (USAR) during the period 4 October 2012 to 14 November 2013. The applicant provides: * response from the U.S. Army Human Resources Command, Fort Knox, KY, dated 17 September 2014 * email from an official in the 88th Regional Support Command (RSC) and USARC Pay Management Division * memorandum, dated 30 October 2013 * USAR discharge orders, dated 26 September...

  • AF | BCMR | CY2002 | 0102174

    Original file (0102174.doc) Auto-classification: Approved

    On 19 September 2001, based on an application submitted by the applicant under AFI 36-2603, his record was administratively corrected to show that, on 1 August 2000, he was not discharged but was released from active duty and transferred to the Air Force Reserve. It would appear that as a result of the action taken to administratively correct the applicant’s records to show he was released from active duty and transferred to the Air Force Reserve, rather than discharged, his status as a...

  • ARMY | BCMR | CY2007 | 20070009525

    Original file (20070009525.txt) Auto-classification: Approved

    The applicant provided an Air Force Service History that shows he earned 15 retirement points (membership points only) in RYE 12 December 1988. Therefore, the certificate alone is insufficient evidence to show he should be granted active duty points for attendance at airborne training. At this time there is insufficient evidence to show the applicant earned 50 retirement points, or a qualifying year, in RYE 12 December 1990.

  • ARMY | BCMR | CY2013 | 20130000373

    Original file (20130000373.txt) Auto-classification: Approved

    The applicant states on 2 August 2010 his Army Board for Correction of Military Records (ABCMR) request was approved and granted him full relief. The applicant then applied to this Board requesting relief in the form of: * voiding of his 10 September 2007 discharge from the USAR * voiding of his 25 February 2008 enlistment contract * promotion to captain (CPT), effective 8 February 2007 * crediting him with qualifying service for retirement from 11 September 2007 through the present in...

  • ARMY | BCMR | CY2005 | 20050016026C070206

    Original file (20050016026C070206.doc) Auto-classification: Approved

    The applicant's military service records contain a copy of AHRC Form 249-2 (Chronological Statement of Retirement Points), dated 9 June 2005, which shows, in pertinent part, that the applicant had completed 17 qualifying years, at the time the form was produced. Paragraph 2-8 defines qualifying service and states, in pertinent part, that a Reserve Component Soldier must earn a minimum of 50 retirement points each retirement year to have that year credited as qualifying service. The...

  • ARMY | BCMR | CY2001 | 2001053035C070420

    Original file (2001053035C070420.rtf) Auto-classification: Approved

    The applicant requests, in effect, that his retirement point account be corrected to show that he has 20 years qualifying for retired pay at age 60 and that he be provided retired pay. The applicant states, in effect, that he is credited with only 18 years qualifying for retired pay, but he served for 20 qualifying years. His retirement point account should then show a total of 19 years qualifying for retired pay at age 60.

  • ARMY | BCMR | CY2015 | 20150011113

    Original file (20150011113.txt) Auto-classification: Approved

    On 14 November 2013, in response to his petition to this Board for promotion consideration to LTC by an SSB, the Board granted him relief as follows: * submitting his records to an SSB for promotion consideration to LTC and if before promotion consideration he is removed from the RASL, correct his records by continuing the SSB * if selected for promotion, correct his records by voiding his removal from the RASL (retirement orders) and showing he met the eligibility criteria for promotion...