IN THE CASE OF:
BOARD DATE: 20 November 2014
DOCKET NUMBER: AR20140004481
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 reconsideration of his earlier request to restore approximately 1,300 points and 5 years of creditable service for the time he spent as a U.S. Coast Guard (USCG) Academy cadet.
2. The applicant states, "All parties agree the years in question should count towards a retirement, either Federal civilian or military. When I tried to buy back the years as a federal technician in 2000 I was denied because the years counted toward a military retirement and they can't count as both. The Army found its mistake and corrected it (the subject of the original appeal to the ABCMR) after I left Federal employment in 2011. Because I'm not a Federal employee anymore I cannot buy the time back as I should have been entitled to do. The military's mistake and the timing of the correction has unjustly cost me retirement credit for those years.
3. The applicant provides copies of
* Arizona Army National Guard (AZARNG) Adjutant General letter to the Board, dated 7 June 2013
* National Defense Authorization Act for Fiscal Year (FY) 2008, Section 1115
* applicant's ARNG Current Annual Statements, dated 20 May 1999, 6 July 2001, and 20 May 2003
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120021168, on 15 August 2013.
2. In his original appeal the applicant wrote, in pertinent part, "
unbeknownst to me on 20 May 2011, the AZARNG deleted retirement credit for all the time at the U.S. Coast Guard Academy according to a memorandum from the new Deputy G1
I thought I was just awaiting my 20-year letter. The memorandum advises five credible [sic] years of service were reclassified and 1,300 retirement points were deleted
"
3. Included in the documents submitted in support of the original request are a "2012 Denial or Retirement Points Memorandum" and his responses to that action.
4. In a memorandum, dated 5 December 1989, he was advised of his termination as a cadet at the USCG Academy with an effective date of 21 December 1989. He was released from the USCG Academy on 21 December 1989, by reason of an involuntary resignation-conduct, and was transferred to the USCG Reserve to complete his service obligation.
5. On 20 November 1997, he was appointed in the AZARNG, as a second lieutenant.
6. His military records located in the interactive Personnel Electronic Records Management System show he is still in an active status in the AZARNG as a commissioned officer.
7. The original Record of Proceeding, Discussion and Conclusions noted that, because he later became a commissioned officer, he is precluded by law and regulation from receiving retirement points and credit for the time spent as a USCG Academy cadet.
8. The letter the applicant submitted from the AZARNG Adjutant General states he would reinstate the points and time if he had the authority but admits he does not have the authority to do so.
9. Title 10, U.S. code, section 971 states officers may not count service performed while serving as a cadet or midshipmen.
DISCUSSION AND CONCLUSIONS:
1. The applicant claims that all parties agree that he should be credited with the additional points and years of service.
2. At the time of the applicant's original application to this Board he claimed that he did not know why the points and years of service had been removed from his record although the documents he submitted show he did know the reason.
3. The applicant's USCG Academy points and years of service were removed because the law and regulation preclude retirement credit for academy cadets or midshipmen who become commissioned officers.
4. The AZARNG Adjutant General admits that he does not have the authority to restore the applicant's USCG points and service; however, such inability arises because this action is contrary due to the law and regulation.
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 to amend the decision of the ABCMR set forth in Docket Number AR20120021168, dated 15 August 2013.
___________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) AR20140004481
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140004481
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