2.  The applicant requests, in effect, that he be issued a letter of notification of eligibility for USAR retired pay at age 60.

3.  He states, in effect, that the Army did not properly account for his qualifying service for retired pay at age 60, and that he is sure he had served 20 qualifying years at the time he elected to be transferred to the Retired Reserve.  However, it was not until 1989, while preparing for what he thought was to be his retirement in 1991, that he was informed by officials at the Army Reserve Personnel Center (ARPERCEN) that he lacked 1 month and 7 days time needed to qualify for retirement.  He goes on to state that by the time he discovered that he lacked sufficient time to qualify for retirement, he could not complete the time.  He further states that at no time prior to 1989 was there any indication from anyone that he was not qualified for retirement. 

4.  The applicant's military records show that he was inducted on 23 July 1952 and served on active duty until he was discharged on 15 June 1954.  He enlisted in the USAR on 16 June 1954 and was commissioned as a USAR second lieutenant on 5 November 1957.  He was promoted to the rank of captain on 13 January 1965.

5.  On 10 September 1974 the applicant was notified that he had been twice nonselected for promotion to the rank of major and that unless he requested transfer to the Retired Reserve he would be retained in an active status until he was credited with 20 years of satisfactory service or 6 August 1976, whichever was earlier.  On 8 October 1974 the applicant requested transfer to the Retired Reserve.  Accordingly, the applicant was transferred to the Retired Reserve effective 31 October 1974.

6.  The applicant’s records show that a statement of service (retirement points) was prepared on 18 April 1975 which indicates that the applicant had 19 years, 10 months, and 23 days of qualifying service for retirement purposes at the time he was transferred to the Retired Reserve. 

7.  Army Regulation 135-180, in effect at the time, implemented the statutory authority governing the qualifying service for retired pay for nonregular service in the Reserve components.  Chapter 2, in pertinent part, stated that to be eligible for retired pay, an individual must have attained the age of 60 and must have completed a minimum of 20 years of qualifying service.  A qualifying year is defined as a year of service during which a Reservist earns at least 50 retirement points.

CONCLUSIONS:

1.  The applicant's removal from an active USAR status and transfer to the Retired Reserve, based on his request, after having been twice nonselected for promotion was accomplished in accordance with applicable law and regulations.

2.  The applicant clearly did not have the required 20 years of qualifying service.

3.  However, the Board is of the opinion that since the applicant was guaranteed retention until he reached 20 years of qualifying service, he was either unaware or he was led to believe he had earned sufficient retirement points to qualify him for USAR retired pay at age 60.  Otherwise, he could have remained in the USAR until he obtained the 1 month and 7 days he needed.

4.  Additionally, it is reasonable to presume that the applicant believed he had 20 qualifying years for retirement purposes when he requested transfer to the Retired Reserve because no reasonable person would knowingly give up the opportunity to qualify for retired pay with only 1 month and 7 days left, especially when they were guaranteed an opportunity to obtain it.

5.  In view of the foregoing, it would be equitable and just to correct his military records by showing that he is eligible for USAR retired pay.  However, he should not be credited with 20 qualifying years but should instead be credited only with the qualifying years he served.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

	a.  by showing that the individual concerned was issued a letter of Notification of Eligibility for USAR retired pay on 31 October 1974, the date of his transfer to the Retired Reserve;

	b.  by calculating his USAR retired pay based on his actual qualifying service of 19 years, 10 months, and 23 days; and

     c.  by showing that he timely applied for USAR retired pay and benefits, and is entitled to such pay effective 3 October 1991.

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON