IN THE CASE OF:	  

		BOARD DATE:	  23 June 2015

		DOCKET NUMBER:  AR20140017668 


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) during the period 4 October 2012 to 14 November 2013.

2.  The applicant states:

	a.  He should have earned retirement points during Fiscal Year 2013 while he was pending a Congressional inquiry to find he was discharged for reasons that were out of his control.

	b.  He was erroneously discharged on 4 October 2012, but the discharge orders were revoked effective 14 November 2013.

	c.  An official from the U.S. Army Reserve Command (USARC) Pay Management Division recommends awarding him retirement points for all battle assemblies and annual training that he otherwise would have been able to perform had he not been erroneously discharged.

	d.  He provided documentation showing the eligible training dates for battle assemblies and annual training he would have been able to attend.

3.  The applicant provides:

* response from the U.S. Army Human Resources Command, Fort Knox, KY, dated 17 September 2014
* email from an official in the 88th Regional Support Command (RSC) and USARC Pay Management Division
* memorandum, dated 30 October 2013
* USAR discharge orders, dated 26 September 2012
* USAR discharge revocation orders, dated 14 November 2013
* battle assembly dates for 2013
* DA Forms 1380 (Record of Individual Performance of Reserve Duty Training)

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the USAR on 27 February 2003.

2.  Headquarters, 88th RSC, Orders 12-270-00022, dated 26 September 2012, show the applicant was discharged under honorable conditions (general) from the USAR effective 4 October 2012.

3.  He provided a memorandum from a USARC Staff Judge Advocate, dated 30 October 2013, which states:

	a.  There are no legal objections to revoking the applicant's discharge.

	b.  The applicant was discharged from the USAR on 4 October 2012 via 88th RSC Orders 12-270-00022.  His separation was initiated due to missing movement to annual training.  Based on a verbal endorsement from the former commander of the 380th Quartermaster Company, the applicant had permission to enroll in a summer Arabic language program that conflicted with the dates for his unit's annual training.  The individual who initiated the separation, after reviewing the evidence, has requested revocation of the discharge.  Because the applicant had received authorization to be excused from annual training, the basis of the separation is invalid.  The unit coded the applicant as unexcused when, in fact, he was properly excused.

	c.  The unit leadership has stated the applicant is recoverable and will continue to be a valuable asset to the unit and the USAR once he is reinstated.  The applicant has applied to become an officer and this communication error between his former and current command should not prevent that opportunity.

	d.  He recommended revocation of the discharge and reinstatement of the applicant in the USAR.

4.  Headquarters, 88th RSC, Orders 13-318-00028, dated 14 November 2013, revoked Headquarters, 88th RSC, Orders 12-270-00022, dated 26 September 2012.

5.  He provided DA Forms 1380 from the 380th Quartermaster Company in Jeffersonville, IN.  The officer having knowledge of duties performed indicated the applicant is due retirement points for the following battle assemblies and annual training that he would have attended had he not been erroneously discharged:

* 52 retirement points for battle assemblies during the period 13 October 2012 to 3 November 2013
* 14 retirement points for annual training during the period 3-16 August 2013

6.  He provided a letter from the U.S. Army Human Resources Command, dated 17 September 2014, which states:

	a.  This is in response to his submission of DA Forms 1380 for retirement point credit due to being erroneously discharged on 4 October 2012 which was revoked on 14 November 2013.

	b.  Department of Defense Instruction 1215.07 (Service Credit for Non-regular Retirement) established the requirements for crediting active and Reserve service for non-regular retirement under Title 10, U.S. Code, chapter 1223.  Inactive duty service will be credited for each attendance at an inactive duty training period or a period of equivalent instruction that was prescribed for the year.

	c.  Due to his lack of attending the duty on the dates prescribed in the DA Forms 1380 submitted, the applicant is ineligible for the retirement point credit and his submission was returned without action.

7.  His chronological statement of retirement points, dated 16 June 2015, shows he earned qualifying years for retirement for every year he was assigned to the USAR from 27 February 2003 to 26 February 2012.  However, he earned:

* 35 retirement points (20 inactive duty and 15 membership) for USAR retirement year beginning 27 February 2012 through the retirement year ending (RYE) 26 February 2013
* 46 retirement points (15 inactive duty, 15 membership, and 16 active duty) for USAR retirement year beginning 27 February 2013 through RYE 26 February 2014

8.  Army Regulation 135-180 (Army National Guard and Army Reserve – Qualifying Service for Retired Pay Nonregular Service) implements statutory authorities governing granting retired pay to Soldiers and former Reserve Component Soldiers.  Paragraph 2-8 states a Reserve Soldier must earn a minimum of 50 retirement points each retirement year to have that year credited as qualifying service.  Only Soldiers assigned to an active status in a Reserve Component or individuals in active Federal service are authorized to earn retirement point credit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests retirement point credit for USAR service he would have performed during the period 4 October 2012 to 14 November 2013 had he not been erroneously discharged.

2.  The evidence of record shows:

* the applicant was erroneously discharged from the USAR on 4 October 2012
* his discharge orders were revoked effective 14 November 2013

3.  The applicant was erroneously discharged from the USAR and therefore could not have performed duty in any category during the period 4 October 2012 to 14 November 2013, the date his erroneous discharge was revoked.

4.  His chronological statement of retirement points shows he earned qualifying years for every year he was assigned to the USAR with the exception of the period he was erroneously discharged.  It is therefore reasonable to conclude that he would have continued to earn qualifying years during that very same period.  He should not be penalized for administrative errors made by his command.  As a matter of equity, it would be appropriate to credit him with the following additional retirement points and pay him any associated pay and allowances based on this action:

* 15 inactive duty retirement points for USAR retirement year beginning 27 February 2012 through RYE 26 February 2013
* 4 inactive duty retirement points for USAR retirement year beginning 27 February 2013 through RYE 26 February 2014



BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

	a.  crediting him with 15 additional inactive duty retirement points for USAR retirement year beginning 27 February 2012 through RYE 26 February 2013;

	b.  crediting him with 4 additional inactive duty retirement points for USAR retirement year beginning 27 February 2013 through RYE 26 February 2014; and

	c.  paying him pay and allowances based on this correction.




      _____________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)                                         AR20140017668



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ABCMR Record of Proceedings (cont)                                         AR20140017668



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