IN THE CASE OF: 

		BOARD DATE:	    6 February 2014

		DOCKET NUMBER:  AR20130021686 


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 2002.

2.  The applicant states:

* he is serving as a USAR chaplain with 19 years of good service
* he has been diagnosed with having cardiac and neurological disease and this may end his career as a U.S. Army officer sooner than he would like
* a review of his records was conducted and it was discovered that he was not credited with a year of service in 2002
* his Commandant and other chaplains who knew of his work on behalf of the Chaplain Corps during the period in question wrote letters attesting to his work
* his DA Form 1380 (Record of Individual Performance of Reserve Duty Training) for the period in question was written for work in the 81st Regional Support Command (81st RSC) but he was in the Individual Ready Reserve (IRR)
* the period of service in question was during high deployments and the 81st RSC did not know that an attachment order was required in reference to performing inactive duty training (IDT) as an IRR member
* he and other chaplains had to do what was needed and worry about the papers later
* pastoral services provided via DA Forms 1380 were clearly mission essential for the 81st RSC based on mobilizations for the period of the IDT duties
* the Retirement Point Program Manager, Soldier Programs and Services Division, U.S. Army Human Resources Command (HRC), Fort Knox, KY, advised him of the governing regulations and:

*	it was understood that his services were requested by the 81st RSC due to the large number of Soldiers being mobilized and the support needed for their families
*	the 81st RSC failed to notify him that an attachment order was required to perform IDT duties

3.  The applicant provides:

* ARPC Form 249-E (Chronological Statement of Retirement Points), dated 2 December 2013
* Memorandum from Retirement Point Manager, HRC, undated
* email

CONSIDERATION OF EVIDENCE:

1.  Having had prior enlisted service in the U.S. Navy, U.S. Navy Reserve, and a break in service, the applicant was appointed as a second lieutenant in the USAR on 19 March 1992.  He is presently serving in the rank/grade of lieutenant colonel/O-5.

2.  Orders Number 02-123-00001, issued by Headquarters, 87th Division (Training Support), Birmingham, AL, dated 3 May 2002, assigned the applicant to the USAR Control Group (Reinforcement) due to personal reasons.

3.  Orders Number C-11-229957, issued by USAR Personnel Command, St. Louis, MO, dated 21 November 2002, released the applicant from the USAR Control Group (Reinforcement) and assigned him to the 1st Brigade, 87th Division.

4.  His ARPC Form 249-E shows during the period 19 March 2002 through 18 March 2003 he earned a total of 43 creditable points.  This form also shows he has a total of 19 years and 1 day of qualifying service for retirement.

5.  The applicant's transition history in the Integrated Web Services (IWS) contains a signed DA Form 1380, dated 17 May 2002, that shows he was credited with 12 retirement points during the period 13 through 18 May 2002 for providing spiritual ministry support to Soldiers and families in between drill days and in support of the high tempo activity at the 1st Brigade, 87th Division.

6.  On 29 August 2013, the Commandant, U.S. Army Chaplain Center and School, Fort Jackson, South Carolina, submitted a request for correction of the applicant's retirement points for the period 13-18 May 2002.

7.  The applicant provides an undated memorandum from the HRC Retirement Point Program Manager which shows his request for additional retirement points was returned without action because no record of an attachment order during the period in question was found to authorize awarding of additional retirement points.

8.  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 and the procedures for recording retirement point credit and training for USAR Soldiers.  Paragraph 3-3a(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.

9.  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.

10.  Sections 12731 through 12739 of Title 10, U.S. Code authorize retired pay for Reserve Component military service.  Under this law, a Reserve Soldier must complete a minimum of 20 qualifying years of service to be eligible for retired pay at age 60.  After 1 July 1949, a qualifying year is one in which the Reserve Soldier earned at least 50 retirement points.  

11.  The term “good years” is an unofficial term used to mean years in which 50 or more retirement points are earned during each year, and which count as qualifying years of service for retirement benefits at age 60.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was not credited with 12 retirement points he earned during 2002 while serving in the IRR.

2.  Although attachment orders were never issued, the applicant performed the duties as verified by the Commandant, U.S. Army Chaplains Center and School.  Based on the DA Forms 1380 in his IWS transaction history it would be appropriate to update the applicant's retirement points record by showing he earned 12 points in addition to the 43 points already reflected in his records for retirement year 19 March 2002 through 18 March 2003.  Therefore, his records should be corrected to show he earned 55 total points for this retirement year.

BOARD VOTE:

___X____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 crediting him with 12 additional retirement points for retirement year 19 March 2002 through 18 March 2003, thereby showing he earned 55 total points for this retirement year.



      _______ _   _______   ___
               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)                                         AR20130021686



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ABCMR Record of Proceedings (cont)                                         AR20130021686



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