IN THE CASE OF:	 

		BOARD DATE:	  10 April 2014

		DOCKET NUMBER:  AR20130012265 


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 U.S. Army Reserve (USAR) records to show he was credited with 77 active duty (AD) points for serving on AD from on or about 16 June to 28 August 1992 (or 74 days).

2.  The applicant states:  

	a.  His USAR service records do not reflect his active duty time listed above.  However, he has an Army Achievement Medal, Defense Finance and Accounting Service (DFAS) Leave and Earnings Statements (LES), and his active duty identification (ID) card from this period of service that all support his claim.

	b.  From June to August 1992, he was activated as a drill sergeant for an exercise with the 78th Division Mobilization Army Training Center (MATC), Fort Dix, NJ, and did not receive credit for this period on his Army Reserve Personnel Center (ARPC) Form 249-E (Chronological Statement of Retirement Points).

	c.  In 1997, he was told by his Reserve unit technician the problem had been corrected and ordered to stop asking about it but he always suspected the problem was not fixed.  In 2011, he began preparing for his retirement and the Army adjusted his total points from 511 to 648.  However, he was still not given credit for the 77 days (i.e., 74 days) he served on AD in 1992.

	d.  His LES shows he was paid $2247.36 by voucher in August 1992.  They were paid by voucher infrequently which caused many pay issues.  Since at that time staff sergeants (SSG)/E-6 only made about $1,400 a month, it obviously reflects he was paid for more than inactive duty points (IDT).  He was awarded the Army Achievement Medal for being the honor graduate in the Combat Lifesaver Course that summer.  The award citation shows he was on active duty 1 day prior to the issuance of his ID card.  He recalls being on post for awhile before they began training the recruits to complete the Defensive Driving and Combat Lifesaver Courses.

3.  The applicant provides:

* two ARPC Forms 249-E (Chronological Statement of Retirement Points)
* three letters
* an ID card
* five DFAS LES, for the period from May through September 1992
* three award certificates
* a newspaper article

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the USAR on 20 December 1986 and he was promoted to the rank of SSG on 2 March 1992.  He was assigned to the 2nd Battalion, 309th Regiment, 78th Division (Training), Camden, NJ.

2.  His records contain the following LES for the periods:

* 1-31 January 1992, wherein it shows he received basic pay of $82.68
* 1-29 February 1992, wherein it shows he received basic pay of $165.36
* 1-31 March 1992, wherein it shows he received basic pay of $165.36
* 1-30 April 1992, wherein it shows he received a difference in basic pay for 7 March 1992 of $10.96 and for 8 March 1992 of $10.96 and performed no drill that month
* 1-31 May 1992, wherein it shows he received basic pay of $187.28 and a difference in basic pay for 12 March 1992 of $46.82

3.  Orders 146-006, dated 12 June 1992, issued by Headquarters (HQ), 78th Division (Training), Edison, NJ, ordered him to active duty special work (ADSW) for a period of 77 days plus allowable travel days with a report date to Fort Dix of 13 June 1992.  The purpose was to support the MATC as a drill sergeant.  

4.  The applicant provides an Armed Forces of the United States ID card that shows he was issued the ID card on 16 June 1992 and it had an expiration date of 28 August 1992.
5.  The applicant provides and his records contain his LES for the period
1-30 June 1992, wherein it shows he received basic pay of $187.28 and for
1-31 July 1992, wherein it shows he did not receive any basic pay and performed no drill that month

6.  Permanent Orders (PO) Number 01-04, dated 11 July 1992, issued by HQ, MATC, awarded him the Army Achievement Medal for the period 15 to 20 June 1992 for being selected as honor graduate of the Combat Lifesaver Course.

7.  The applicant provides a Certificate of Achievement, dated 11 July 1992, wherein it stated he was awarded the certificate in recognition of his contribution during week 1 and 2 of MATC 1992.  The specific dates of these weeks are not shown.

8.  The applicant provides and his records contain his LES for the period
1-31 August 1992, wherein it shows he did not receive any basic pay; it also shows he was paid by voucher the amount of $2,247.36 in "Federal wages" but does not specify the reason for the payment.  His LES shows he performed no drill that month.

9.  His records contain his LES for the period 1 September to 31 December 1992 wherein each shows he did not receive any basic pay during that timeframe.  All of his LES from January to December 1992 show he had direct deposit and an enlistment bonus was in effect for the entire period (emphasis added).  All showed he did not perform drill for any of those months.

10.  The applicant had a break in service from 1 February to 20 June 1995.  He was discharged from the USAR on 7 July 1997.

11.  The applicant provides a letter to his Representative in Congress, dated 7 August 2012, from the Chief, Army Personnel Records Division (APRD), U.S. Army Human Resources Command (HRC), in response to the applicant's request for correction of his retirement points.  The letter advised that the applicant's submitted ARPC Form 249-E for the dates of service from 20 December 1986 to 7 July 1995 (i.e., 1997) showed he had 5 years of Reserve service with 511 points and his corrected form reflected 7 years, 1 month, and 12 days of service with 648 points. 

12.  The applicant provides and his records contain his ARPC Form 249-E, dated 7 August 2012, wherein it shows for the period from 20 December 1991 to 19 December 1992 he earned 19 IDT points, 15 membership points, and 31 AD points and was credited with 65 total points.  He was also credited with 1 year of qualifying service for retirement.  
13.  He also provides a letter to his Representative in Congress, dated 10 May 2013, from the Chief, APRD, HRC, wherein it advised that a third review of the applicant’s records could not locate any additional information to verify the applicant had 77 days of ADT [in 1992]. 

14.  Army Regulation 140-185 (Army Reserve – 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 states, in part, retirement points are earned by USAR Soldiers for AD, or while in an active Reserve status for ADT, IDT, Reserve membership, and for other activities specified in the regulation.  If a Reserve member serves in an active status for 110 - 115 days the maximum points allowed for IDT are 19.  Personnel on AD or ADT are awarded 1 point for each calendar day they serve in one of the categories and may not be awarded other additional points for other activities while in such status.

DISCUSSION AND CONCLUSIONS:

1.  The available records show that for the period from 20 December 1991 to 19 December 1992 the applicant earned 19 IDT points, 15 membership points, and 31 AD points and was credited with 65 total points. 

2.  Although his record contains orders showing he was ordered to active duty for a period of 77 days beginning 13 June 1992 and he provides an ID card for the period 16 June to 28 August 1992, the evidence of record does not show, and the applicant has provided insufficient evidence that shows, he served on active duty during this entire period of time.

3.  The Army Achievement Medal he was awarded shows he was awarded the medal for the period from 15 to 20 June 1992 while attending the Combat Lifesavers Course and only confirms he served on active duty during that period.  Although his August 1992 LES shows he was paid $2,247.36 by voucher, it is unclear what the payment was specifically for.  In addition, his LES for the months of July and August 1992 do not show he was entitled to basic pay for either of the months as he would have been if he had been serving on active duty during those months.

4.  In the absence of evidence to the contrary, it is presumed what the Army did in his case was correct and he was properly credited with serving 31 days of active duty for the period 20 December 1991 to 19 December 1992.  

5.  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)                                         AR20130012265





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130012265



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1