IN THE CASE OF:	  

		BOARD DATE:	  16 October 2008

		DOCKET NUMBER:  AR20080014303 


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).


CONSIDERATION OF ADDITIONAL EVIDENCE:

11.  On 16 September 2008, new information was received from the applicant and Human Resources Command, St. Louis, Missouri (HRC-St. Louis) retirement officials regarding the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070009174, dated 22 April 2008.  

12.  The evidence submitted is a Reserve Personnel Accounting System (RPAS) retirement points summary that confirms the applicant's Retirement Year Ending (RYE) 20 December 1998 was already a qualifying year for retirement  purposes.

ADDITIONAL DISCUSSION AND CONCLUSIONS:

6.  At the time of the decision of the ABCMR in Docket Number AR20070009174, dated 22 April 2008, it was the intent of the ABCMR to redistribute the retirement points necessary to allow the applicant to be credited with 20 qualifying years of service for non-regular retirement at age 60 purposes.  This action was recommended in order to remedy the injustice served upon the applicant when she was not afforded the opportunity to continue her service to complete 
20 qualifying years for retirement purposes, as authorized by regulation for members who were subject to removal based on non-selection for promotion who have completed 18 or 19 years of service.  

7.  The ABCMR's decision in Docket Number AR20070009174 incorrectly directed the redistribution of retirement points to the RYE on 20 December 1998, which the RPAS now submitted confirms was already a qualifying year for retirement. 
8.  Given the applicant's RYE on 20 December 1998 is already a qualifying year for retirement purposes, the original Board recommendation should be modified to provide for the redistribution of 31 of the 111 retirement points from the RYE on 20 December 1999, by assigning 9 points to the RYE on 20 December 1995 and assigning 22 points to the RYE on 20 December 1997, or by redistributing retirement points under any other method deemed most appropriate by
HRC-St. Louis retirement officials, which results in the applicant be credited with 20 qualifying years of service for retirement purposes.  

BOARD VOTE:

____x___  ___x____  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

2.  The Board determined that the evidence presented was sufficient to warrant amendment of the decision of the Army Board for Correction of Military Records set forth in Docket Number AR20070009174, dated 22 April 2008, by deleting 
the current recommendation in Paragraph 1, Sub-paragraph b of the original Board recommendation, and replacing it with the following entry:  "redistributing 31 of the 111 retirement points from the RYE on 20 December 1999 by assigning 
9 points to RYE on 20 December 1995 and assigning 22 points to the RYE on 
20 December 1997, or by redistributing retirement points under any method deemed most appropriate by HRC-St. Louis retirement officials, thereby giving her the necessary 2 additional years of qualifying service necessary for her to qualify for non-regular retirement at age 60."



      ________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)                                         AR20080014303



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20080014303


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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