2.  The applicant requests that the last year of his 3-year enlistment, of which he served 11 months and 22 days, be considered qualifying for retired pay at age 60.

3.  He states that his early release from active duty was at and for the convenience of the Government.  He was not told at the time of his separation that his early release would result in that year not being considered qualifying for retired pay.

4.  The applicant’s records show that he enlisted in the Regular Army for 3 years on 30 June 1970, was awarded the military occupational specialty of truck driver, was promoted to pay grade E-4, and was honorably released from active duty on 21 June 1973 by reason of early separation of overseas returnee, a convenience of the Government separation.  He had completed 2 years, 11 months and 22 days of active service.

5.  The applicant accepted an assignment to a USAR unit on 13 July 1974.  While the USAR records pertaining to the applicant which were furnished to the Board are limited to those generated on or before 1977, it appears by the pay grade listed by the applicant on his application (E-7) that he continued his career in the USAR.

6.  Title 10, U.S. Code, section 1332, specifies that a qualifying year of service is a retirement year in which a reservist earns a minimum of 50 retirement points or, when in a regular component, a full year (365 or 366 day, as applicable) of service.

CONCLUSIONS:

1.  The applicant was separated from active duty prior to the expiration of his term of service for the convenience of the Government, not at his request.

2.  To penalize the applicant for the Government’s action by denying him his last year of active service as qualifying for retired pay is unfair.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the retirement year 30 June 1972 through 29 June 1973 is qualifying for retired pay for the individual concerned, as an exception to policy.

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON