IN THE CASE OF:
BOARD DATE: 14 April 2015
DOCKET NUMBER: AR20140013041
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 military records by showing his period of Inactive National Guard (ING) service started on 11 October 1994.
2. The applicant states his ING status was to start on 11 October 1994, so that he would be able to complete a qualifying year on 10 October 1994. He contends that he completed all of his required drills for the year and his points are good. His last drill was during 23-25 September 1994, which was past the start date for his ING service.
3. The applicant provides copies of:
* A DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 1 October 1985 for service in the Naval Reserve
* A Certificate of Extension for the period from 10 October 1993 to
10 October 1994
* Master Military Pay Account (MMPA) Printouts for each month from 29 October 1993 to 30 November 1994
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) effective 9 October 1995
* NGB Form 55 (Honorable Discharge Certificate, Army National Guard (ARNG)), dated 9 October 1995
* A DD Form 214 ending on 25 April 2006 for ARNG service
* A DD Form 214 ending on 3 November 2009 for ARNG service
* An Army National Guard Retirement Points History Statement, prepared on 28 April 2011
* A letter from the Defense Finance and Accounting Service (DFAS) to the applicant, dated 14 July 2012
* An email communication from Military Personnel Services Corp. to the California ARNG (CAARNG), dated 16 November 2012
* A letter from the applicant addressed to "to whom it may concern," dated 12 December 2012
* Email communication from the 185th Armor Battalion to the CAARNG, subject: "RPAS Correction," dated 30 August to 2 November 2013
* Email communication between the U.S. Army Human Resources Command and the CAARNG dated between 4 and 11 February 2014
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's ARNG Retirement Points History Statement, prepared on
28 April 2011, indicates that his anniversary year end date was 10 October for the years of 1991, 1992, and 1993. He had completed a total of 59 points towards retirement for the year commencing on 11 October 1993. This document also shows that his anniversary year end date was changed to 24 September 1994 causing him to be 16 days short of completing a full year of service in an active status. This denied him a qualifying year for retirement. His anniversary year end date was changed based on his status change from an active status to an ING status.
3. The applicant's MMPA printouts show that he performed drill on September 23, 24, and 25 September 1994. These documents also indicate that the required drills for the month of October 1994 were scheduled after the 10th of the month, which should have been his anniversary year end date.
4. Department of Defense Instruction Number 1215.07, dated 24 January 2013, provides policy and procedures concerning service credit for non-regular retirement. It states that a qualifying year of service for non-regular retired pay is a full year in which the member is credited with a minimum of 50 retirement points. Full-year periods used for the crediting of qualifying years for non-regular retirement must be based on anniversary years. The month and day of the start date for each successive anniversary year will not be adjusted unless the service member has a break in service. A break in service occurs when a service member transfers to an inactive status list, the ING, the Retired Reserve, or is discharged to civilian life for longer than 24 hours.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends, in effect, that his military records should be corrected by showing his anniversary year end for 1994 as 10 October 1994, and his period of ING service as starting on 11 October 1994.
2. The available evidence shows that the applicant had completed his monthly drills on 23, 24 and 25 September 1994. Accordingly, he could not have been in an ING status until after these dates.
3. Because his anniversary year commenced on 11 October 1993 and he had completed all of his required drills, it would have been appropriate to have started his ING after his normal anniversary year end date of 10 October 1994.
4. In view of the above, the applicant's records should be corrected to show he completed a full and qualifying year for retirement from 11 October 1993 to 10 October 1994 and that the following anniversary year commenced on 11 October 1994.
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 State Army National Guard records and the Department of the Army records of the individual concerned be corrected by showing he completed a full and qualifying year for retirement from 11 October 1993 to 10 October 1994 and that the following anniversary year commenced on 11 October 1994.
____________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) AR20140013041
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140013041
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130002568
The applicant requests correction of his military records by revoking orders that assigned him to the Inactive National Guard (ING) and thereby permit adjustment of his creditable time in service (CTIS) for retirement and time in grade (TIG) to accurately reflect his service. f. The advisory opinion makes the following recommendation, with which the CAARNG concurs: * Revoke CAARNG Orders 83-1091, dated 1 October 2008 * Adjust the applicant's DOR/TIG back to 24 April 2007 * Show the...
CG | BCMR | Retirement Cases | 2010-040
• • • On April 24, 1995, the applicant enlisted in the Coast Guard Reserve. of the Pay Manual, COMDTINST M7220.29B, states that creditable service for pay purposes includes “all periods of active duty inactive service … in any Regular or Reserve component.” However, Chapter 2.B.4.a. However, the 1995 RATMAN defines an “anniversary year” as extending “from the date of entry or reen- try to the day preceding the anniversary of entry or reentry” and the 1997 RPM states that a reservist’s...
ARMY | BCMR | CY2008 | 20080016144
The applicant requests, in effect, that the records of her deceased spouse, a former service member (FSM), be corrected to show he completed 20 qualifying years of service for a non-Regular retirement and that she be entitled to receive a Reserve Component Survivor Benefit Plan (RCSBP) annuity. Instead of recommending that the 5 excess retirement points be redistributed to membership points in the retirement year beginning 6 November 2007 and ending 11 July 2008, the Chief, Personnel...
ARMY | BCMR | CY2001 | 2001059826C070421
On 20 October a physician indicated on a record of medical care form that the applicant “needs ING for year and then re-evaluate” and that he (the physician) supported that his (the applicant’s) “condition is progressive.” The Patient Administrator, for the NYARNG, prepared a memorandum indicating that the applicant, and several other members of the National Guard, had “medical conditions that prohibit them from active participation in National Guard activities” and requested that those...
ARMY | BCMR | CY2012 | 20120002377
The NGB advisory opinion states: a. the applicant's break in service from active duty to the ARNG was a direct result of administrative errors by the CAARNG; b. the applicant served the CAARNG through drill weekends, annual training, and various training; c. the applicant prepared for his transition from active duty to the Reserves in 2008 when he signed a DA Form 71 as a Reserve commissioned officer while he was at Fort Jackson, SC; d. the applicant attended and completed scheduled IDT...
ARMY | BCMR | CY2005 | 20050009020C070206
It further shows that she was credited with zero points for the period 27 August 1984 through 8 May 1987. It further shows that she was credited with zero points for the period 27 August 1984 through 8 May 1987. The evidence of record shows that the applicant was credited with 73 retirement points during the period 2 December 1983 through 26 August 1984 and had completed 8 months and 25 days of service, which was a partial qualifying year for retirement purposes.
CG | BCMR | Other Cases | 2003-036
This final decision, dated October 30, 2003, is signed by the three duly appointed APPLICANT’S REQUEST The applicant, now serving as a lieutenant in the Reserve, asked the Board to correct his record to show that he earned at least 50 points in his anniversary years ending in 1997 and 1998, so that each anniversary year would count as a satisfactory year of federal service for retirement purposes.1 He alleged that because the Coast Guard erroneously recorded his participation as...
ARMY | BCMR | CY2013 | 20130002434
The applicant requests, in effect, correction of his records to show he was medically retired. The medical records provided by the applicant do not include any service medical records. The applicant's service medical records are not available for review and his civilian medical records show he declined intervention procedures for his ulcers.
ARMY | BCMR | CY2013 | 20130020719
His bonus addendum clearly informed him and he acknowledged he understood he would be suspended from bonus eligibility if he entered a period of non-availability (placement in the ING); maximum periods of non-availability are 1 year for personal reasons; his bonus would be terminated if he failed to extend his enlistment for time served in the ING within 30 days after returning to his unit; recoupment would be calculated from the date of transfer to the ING; and/or his bonus would be...
ARMY | BCMR | CY2015 | 20150000083
The advisory official recommended relief from recoupment of the applicants SLRP in the amount of $6,000.00, contracted on 19 January 2007. He further stated that the applicant did not extend within the proper time frame to receive the $15,000.00 REB, the bonus addendum was not dated or signed by a verifying service representative, and the applicant was in a non DMOSQ 13R position at the time of extension. Partial payment of $1,250.00 of his $2,500.00 REB (3-year commitment), dated on 22...