IN THE CASE OF:	  

		BOARD DATE:	  22 October 2015

		DOCKET NUMBER:  AR20140021413 


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, in effect, correction of his ARPC Form 606-E (Retirement Points) to show inactive duty (IDT) points for his period of service in the U.S. Army Reserve (USAR) as follows for the retirement years ending:

* 1 November 1975 to 16 April 1976 – 21 points
* 17 April 1976 to 16 April 1977 – 48 to 52 points

2.  The applicant states the last 2 years of his USAR service on the ARPC Form 606-E does not show any IDT points.  This is an error.  His unit drilled every week on Mondays and spent their annual 2 weeks training covering newsworthy events around the 90th Army Reserve Command (ARCOM).  He served with the 90th ARCOM Public Information Detachment.  He has been working for 40 years attempting to receive his Department of Veterans Affairs (VA) eligibility.  He has written to Members of Congress (MOC), etc., to no avail.  He was referred to the Houston VA and now he is close to receiving his VA eligibility. 

3.  The applicant provides copies of the following:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) ending on 23 January 1972
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) ending on 31 October 1975
* Army National Guard (ARNG) Honorable Discharge Certificate
* letter to the Texas ARNG (TXARNG)
* two letters to the National Personnel Records Center (NPRC) 
* DA Form 3918-R (Facsimile Transmittal Header Sheet)
* two Army Reserve Personnel Center (ARPC) Forms 606-E (Retirement Points Memorandum)
* three NA Forms 13046 (Response to Request for Separation Documents/Information)
* letter to and from the Army Review Boards Agency (ARBA)
* two letters to the U.S. Army Human Resources Command (HRC) Service Center

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 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 the cases 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.

2.  The applicant's military records show he enlisted in the TXARNG on 17 April 1971 for 6 years.  He entered on active duty for training (ADT) on 2 September 1971.  He completed training and was awarded military occupational specialty 63B (wheel vehicle mechanic).  

3.  He was honorably released from ADT on 23 January 1972 and was reverted to the TXARNG.  He was credited with completing 4 months and 22 days of net active service.  Item 16 (Terminal Date of Reserve/UMT&S Obligation) of his DD Form 214 shows a date of 16 April 1977 (6 years).

4.  He was honorably released from the TXARNG on 31 October 1975 and was transferred to the USAR.  He was credited with completing 4 years, 6 months, and 15 days of total service.  Item 5 (Term of Enlistment) of his NGB Form 22 shows 6 years.

5.  He provided copies of the following:

   a.  A letter, dated 26 January 1993, in which he advised the TXARNG of his referral to their office by the NPRC in an attempt to locate his Army discharge paperwork, including his DD Form 214 and discharge orders.
   b.  A letter, dated 29 June 1994, in which he requested from the NPRC copies of his USAR discharge and DD Form 214 for VA purposes.

   c.  An ARPC Form 606-E, dated 21 March 1995, showing no retirement points for the years 1975 through 1977.

   d.  A DA Form 3918-R, dated July 1996, in which a MOC was provided five pages of unidentified documents pertaining to the applicant from the ARPC.

   e.  An ARPC Form 606-E, dated 12 July 1996, showing he was credited with the following:

* 28 IDT points in the ARNG from 17 April 1971 to 16 April 1972
* 48 IDT points in the ARNG from 17 April 1972 to 16 April 1973
* 48 IDT points in the ARNG from 17 April 1973 to 16 April 1974
* 52 IDT points in the ARNG from 17 April 1974 to 16 April 1975
* 21 IDT points in the ARNG from 17 April 1975 to 31 October 1975
* zero IDT points in the USAR from 1 November 1975 to 16 April 1976
* zero IDT points in the USAR from 17 April 1976 to 16 April 1977

6.  His records contain the following:

   a.  An ARPC Form 606-E, dated 2 February 1996, showing he was credited with the following:

* 28 IDT points in the ARNG from 17 April 1971 to 16 April 1972
* 48 IDT points in the ARNG from 17 April 1972 to 16 April 1973
* 48 IDT points in the ARNG from 17 April 1973 to 16 April 1974
* 52 IDT points in the ARNG from 17 April 1974 to 16 April 1975
* 21 IDT points in the USAR from 17 April 1975 to 16 April 1976
* zero IDT points in the USAR from 17 April 1976 to 16 April 1977

   b.  An ARPC Form 606-E, dated 19 July 1996, showing he was credited with the following:

* 28 IDT points in the ARNG from 17 April 1971 to 16 April 1972
* 48 IDT points in the ARNG from 17 April 1972 to 16 April 1973
* 48 IDT points in the ARNG from 17 April 1973 to 16 April 1974
* 52 IDT points in the ARNG from 17 April 1974 to 16 April 1975
* 21 IDT points in the ARNG from 17 April 1975 to 31 October 1975
* zero IDT points in the USAR from 1 November 1975 to 16 April 1976
* zero IDT points in the USAR from 17 April 1976 to 16 April 1977
7.  He also provided copies of three NA Forms 13046, dated 2 December 1996, 16 May 1997, and 9 September 1997, in which he was provided copies of his DD Form 214.

8.  His record is void of any orders discharging him from the USAR.

9.  He further provided copies of the following:

   a.  A letter, dated 24 September 2014, in which he advised the ARBA, in effect, his ARPC Form 606-E contained inaccurate information.

   b.  A letter, dated 27 September 2014, in which the NPRC advised him that the NPRC had no authority to review and approve amendments or corrections to military records.

   c.  A letter, dated 31 October 2014, in which the ARBA advised him that he had not exhausted his administrative remedies and he must apply to the HRC Service Center for review and appropriate action.

   d.  A letter, dated 6 November 2014, in which he advised the HRC Service Center of his referral to their office.

   e.  A letter, dated 11 November 2014, in which he stated his rights to appeal their decision pertaining to his USAR service.

10.  Army Regulation 140-185 (Army Reserve – Training and Retirement Point Credits and Unit Level Strength Accounting Records), in effect at the time, prescribed the types of training and activities for which retirement points were authorized.  The regulation stated that 15 membership points were earned for each year in an active status.  Personnel on IDT were awarded 1 point for each troop program unit assembly of a minimum of 4 hours duration.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant enlisted in the TXARNG on 17 April 1971, for 6 years.  He served on ADT from 2 September 1971 through 23 January 1973.  He was released from the TXARNG on 31 October 1975 and was transferred to the USAR.  Based on his 6-year term of enlistment his Reserve obligation date was 16 April 1977.  His record is void of any orders discharging him from the USAR.

2.  An ARPC Form 606-E, dated 19 July 1996, shows zero IDT points during his period of service in the USAR from 1 November 1975 to 16 April 1977.  It appears, sometime in November 2014, the HRC Service Center advised him that they were unable to locate his USAR records.

3.  Without evidence to the contrary, it appears all of his qualifying points, to include IDT points, between 1 November 1975 and 16 April 1977 are properly documented on the ARPC Form 606-E, dated 19 July 1996, on file in his official military personnel file.  

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)                                         AR20140021413





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ABCMR Record of Proceedings (cont)                                         AR20140021413



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