IN THE CASE OF:
BOARD DATE: 19 February 2015
DOCKET NUMBER: AR20140007920
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 to have her time served as a member of Volunteers in Service to America (VISTA) for the period 10 November 1990 to 9 November 1991 recognized as creditable service for retired pay. She further requests to show her two years in the U.S. Army Reserve (USAR) from 1978 to 1980 credited towards a military retirement.
2. The applicant states her VISTA time and the time she spent in the USAR in Starkville, MS were not counted toward her retirement. She further states she is currently rated 70 percent disabled by the Department of Veterans Affairs.
3. The applicant provides miscellaneous documents from throughout her military service.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
1. Although the applicant lists her spouse as Counsel, he did not render a request on the applicant's behalf.
2. Counsel provides no additional statement.
3. Counsel provides no additional evidence.
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 entered military service as an enlisted member of the USAR in September 1974. She served on active duty from 21 October 1974 through 20 March 1978.
3. Following an approximately two month break in service, evidence shows the applicant served in a Troop Program Unit for the period 22 May 1978 to 24 September 1980.
4. Following a break in service from 25 September 1980 to 2 October 1982, evidence shows she served on active duty in the Air Force from 3 October 1982 to 24 March 1985.
5. Records indicate the applicant once again had a break in service from 25 March 1985 through 21 July 1988. On 22 July 1988, she enlisted in the Florida Army National Guard.
6. Her record contains:
a. National Guard Bureau Form 23B (Army National Guard Retirement Points History Statement), prepared on 14 September 1997, which shows the applicant had amassed 16 years, 11 months, and 24 days of creditable service for retired pay; and
b. Army National Guard Current Annual Statement, prepared 16 September 1997, which shows she accumulated 16 years, 11 months, and 24 days creditable service for retired pay. This form also shows she was credited with two years in the USAR for the period 1978 to 1980 as she requests.
7. On 1 November 1998, the applicant was honorably discharged from the Army National Guard and transferred to the USAR Control Group (Reinforcement). On 27 July 1999, she was honorably discharged from the USAR.
8. The applicant provides a letter, dated 21 April 2014, from the Acting Director, AmeriCorps (VISTA), certifying her service in the VISTA program in the State of Florida for the period 10 November 1990 to 9 November 1991.
9. Army Regulation 635-200 (Active Duty Enlisted Military Separations) states all years of active service are creditable for retirement. Service is creditable for retirement if performed as a commissioned officer, commissioned warrant officer, warrant officer, Army field clerk, flight officer, or Soldier in the Army, Navy, Air Force, Marine Corps, Coast Guard, Public Health Service, and Minority Service. There is no provision in the regulation which provides creditable service for retirement for service performed as a member of VISTA.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests to have her time served as a member of VISTA for the period 10 November 1990 to 9 November 1991 recognized as creditable service for retired pay. She further requests to show her two years in the USAR from 1978 to 1980 credited towards a military retirement. However, after careful examination of the applicant's record and the governing regulation it has been determined her claim lacks merit.
2. The governing regulation does not contain a provision which would provide creditable service for retirement for service performed as a member of VISTA. Therefore, she is not entitled to correction of her record to show this service.
3. In addition, evidence shows the applicant served in a Troop Program Unit for the period 22 May 1978 to 24 September 1980. This period is already accounted for on her Army National Guard Current Annual Statement which was prepared on 16 September 1997.
4. In light of the foregoing, she is not entitled to the 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) AR20140007920
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140007920
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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