APPLICANT REQUESTS:  In effect, that he be credited with 20 qualifying years for retirement or that he be allowed to reenter the active reserves so he can complete the necessary 5 years towards retirement.

APPLICANT STATES:  That he was never advised by proper authorities that in order to obtain 20 good years that he had to serve with an active unit instead of being assigned to an inactive control group.  He provides no supporting documentation of any kind.

COUNSEL CONTENDS:  That the applicant has been credited with 15 years of qualifying service in the reserves, lacking 5 years needed for full retirement.  Counsel requests that, if the applicant cannot be granted that needed 5 years, he be allowed to reenter the active reserves.

EVIDENCE OF RECORD:  The applicant’s military records show:

He was born on 11 December 1935.  He enlisted in the Army National Guard on 26 November 1962.  He enlisted in the U.S. Navy on 22 May 1964 and was separated on 28 October 1965.  He enlisted in the U.S. Army Reserve on          24 September 1973.

On 14 September 1988, orders were published discharging the applicant from the Ready Reserve effective 18 September 1988.

In an undated letter to the U.S. Army Reserve Personnel and Administration Center, the applicant states “On Sept 19, 1990, I am due to reenlist or ask for retirement….”

ARPC Form 249-3, Chronological Record of Military Service, dated 29 January 1997, shows the applicant completed 8 years, 11 months and 3 days of qualifying time for retirement and non-qualifying service for longevity pay purposes of 14 years, 10 months and 28 days.

Army Regulation 140-185 prescribes the types of training and activities for which retirement points are authorized and the procedures for recording retirement point credits and training for USAR soldiers.  In pertinent part, it provides that an annual Statement of Retired Points will be prepared for all soldiers regardless of the number of points awarded.  The purpose of the statement is to give a permanent record of the total retirement points a soldier earns during a retirement year; to tell the soldier whether he/she earned sufficient points to be credited with a qualifying period for retired pay or for retention in an active status; and to give the soldier an opportunity to request correction of errors in the statement.

Army Regulation 140-1 provides policy guidance on the mission, organization and training of the U.S. Army Reserve.  In pertinent part, it states that Standby Reserve soldiers (active) may earn retirement points or promotion credit or both. Standby Reserve soldiers on the inactive list are not authorized Reserve duty training, retirement point credit or promotion consideration.

Army Regulation 135-180 implements statutory authorities governing the granting of “retired pay” to soldiers and former Reserve components soldiers.

Sections 1331 through 1337 of Title 10, U.S. Code, authorize retired pay for Reserve component military service.  Under this law, a Reserve soldier must complete a minimum of 20 qualifying years of service to be eligible for retired pay at age 60.  The term “good years” is an unofficial term used to mean years in which 50 or more retirement points are earned during each year and which count as qualifying years of service for retirement benefits at age 60.

DISCUSSION:  Considering all the evidence, allegations and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  ARPC Form 249-3 shows the applicant completed less than 20 years of qualifying service, making him ineligible for Reserve retirement.

2.  Contrary to the applicant’s and counsel’s statements, the applicant had approximately 9 years of qualifying service for retired pay.

3.  ARPERCEN sends annual statements of retirement points to all Reserve soldiers regardless of the number of points awarded.  When the applicant received his annual statement for retirement year ending 23 September 1974 and saw that he was credited with zero qualifying service for retirement, he had an obligation to himself at that time to query ARPERCEN as to the reason why and to ask how he could earn a qualifying year.  

4.  If the information on the ARPC Form 249-3 is incorrect or incomplete, the applicant should provide ARPERCEN with documentation to show the correct number of points creditable due him.

5.  In view of the foregoing, there appears to be no basis for granting the applicant’s request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

                       GRANT 

                       GRANT FORMAL HEARING

                       DENY APPLICATION




                                                  		Loren G. Harrell
					           Director