I am currently making my case for the O-1e and keep meeting resistance because they say I don't have enough "active" points. I have 1105 active points on my points statement but well in excess of the 1460 total points (around 1800). The way I understand it, the points are calculated by retirement, not active, so I am in a pretty rare situation. Here is my case with references. This forum helped me to figure this out...so Here is my case. I hope it helps you!
Here is my entire case: (references below)
I believe that I qualify for the O-1e (prior enlisted ) entitlement IAW DOD FMR 7000 14-R Chapter 7A Part A, Subsection 6 as I have approximately 1728 CREDITABLE points as calculated by 10 USC 12732 (A)(2) which exceeds the required 1460 as outlined in the above mentioned FMR. Despite some points being listed as “inactive” on the points statement, they should be creditable when calculated according to 12732(A)(2). The fact that my “active” points don’t exceed 1460 on the points statement SHOULD NOT BE CONSIDERED as this is not how they are to be calculated IAW 10 USC 12732(A)(2). This calculation is reflected in the “creditable” points column.
In each year of my Army reserves, I was considered “active” but not “full time” (as opposed to inactive) and I earned at least the minimum required 50 points per year minimum, often more. The passage below states that only 50 points are required annually in this calculation and drill points do count, as shown in line “B” directly from 10 U.S.C. 12732(A)(2) which , in turn, is directly linked to from the DoD Financial Management Regulation 7000.14-R, Chapter 7A. I would also like to note that this is further supported by the Defense Finance and Accounting Service instructions in “interim change” IC08.04. (http://www.dkassociation.org/discus/messages/36/1260.html?FridayFebruary27200)
The passage below highlights that reserve points are awarded at one point per drill unit (UTA) as long as at least 50 points per year are earned (vs inactive). PLUS the regulation notes that the only service “NOT creditable” are INACTIVE (aka IRR or less than 50 points annually) reserve, which makes sense, as they do not count for retirement either. This is the same regulation in which reserve retirements are calculated, so I am certain that the points for active drilling (battle assemblies, MDAY) DO count as they do count toward retirement. Notice that DoD Financial Management Regulation 7000.14-R, Chapter 7A, 010103 Part A, Subsection 6 "Creditable Service for Certain Commissioned Officers" specifically refers to 10 USC § 12732 and even more specifically cites part (A) paragraph(2) which reads: (Please note Line B and C which show that the "inactive" point on points statement are creditable)
“(a)”
"(2) Each one-year period, after July 1, 1949, in which the person has been credited with at least 50 points on the following basis:
(A) One point for each day of—
(i) active service; or
(ii) full-time service under sections 316, 502, 503, 504, and 505 of title 32 while performing annual training duty or while attending a prescribed course of instruction at a school designated as a service school by law or by the Secretary concerned;
if that service conformed to required standards and qualifications.
(B) One point for each attendance at a drill or period of equivalent instruction that was prescribed for that year by the Secretary concerned and conformed to the requirements prescribed by law, including attendance under section 502 of title 32.
(C) Points at the rate of 15 a year for membership—
(i) in a reserve component of an armed force,
(ii) in the Army or the Air Force without component, or
(iii) in any other category covered by subsection (a)(1) except a regular component.
(D) Points credited for the year under section 2126 (b) of this title.
(E) One point for each day on which funeral honors duty is performed for at least two hours under section 12503 of this title or section 115 of title 32, unless the duty is performed while in a status for which credit is provided under another subparagraph of this paragraph.
For the purpose of clauses (A), (B), (C), (D), and (E), service in the National Guard shall be treated as if it were service in a reserve component, if the person concerned was later appointed in the National Guard of the United States, the Army National Guard of the United States, the Air National Guard of the United States, or as a Reserve of the Army or the Air Force, and served continuously in the National Guard from the date of his Federal recognition to the date of that appointment.
(b) The following service may not be counted under subsection (a):
(1) Service (other than active service) in an inactive section of the Organized Reserve Corps or of the Army Reserve, or in an inactive section of the officers’ section of the Air Force Reserve.
(2) Service (other than active service) after June 30, 1949, while on the Honorary Retired List of the Navy Reserve or of the Marine Corps Reserve.
(3) Service in the inactive National Guard.
(4) Service in a non-federally recognized status in the National Guard.
(5) Service in the Fleet Reserve or the Fleet Marine Corps Reserve.
(6) Service as an inactive Reserve nurse of the Army Nurse Corps established by the Act of February 2, 1901 (ch. 192, 31 Stat. 753), as amended, and service before July 1, 1938, as an inactive Reserve nurse of the Navy Nurse Corps established by the Act of May 13, 1908 (ch. 166, 35 Stat. 146).
(7) Service in any status other than that as commissioned officer, warrant officer, nurse, flight officer, aviation midshipman, appointed aviation cadet, or enlisted member, and that described in clauses (I) and (J) of subsection (a)(1).
"
References:
DoD Financial Management Regulation 7000.14-R, Chapter 7A, 010103
http://www.defenselink.mil/comptroller/fmr/07a/07a_01.pdf10 USC 12732(a)(2)
http://www.law.cornell.edu/uscode/html/uscode10/usc_sec...0012732----000-.html2004 IC DFAS update and instructions
http://www.dkassociation.org/discus/messages/36/1260.html?FridayFebruary27200
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