IN THE CASE OF:	  

		BOARD DATE:	        8 January 2009

		DOCKET NUMBER:  AR20080018865 


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:

9.  On 5 December 2008, new information was received from the Chief, Transition and Separations Branch, U.S. Army Human Resources Command, St. Louis, Missouri in regard to the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070019011, dated 3 July 2008.  He indicated that the law in effect at the time required the last eight years of qualifying service to be performed while a member of a Reserve Component.

10.  Title 10, U.S. Code, section 12731(a) states that a person is entitled, upon application, to retired pay if the person is at least 60 years of age, has performed at least 20 years of qualifying service, and at the time the applicant completed  20 years of qualifying service, the last eight years of qualifying service must have been performed while a member of a Reserve Component. 

ADDITIONAL DISCUSSION AND CONCLUSIONS:

2.  At the time of the decision of the ABCMR in Docket Number AR20070019011, dated 3 July 2008, it was the intent of the ABCMR to make the applicant’s record as administratively correct as it should properly have been at the time.

3.  The ABCMR's decision in Docket Number AR20070019011 erroneously concluded the applicant needed only to complete his last six years of qualifying service in a Reserve Component.

4.  The applicant's records should be corrected to show his last eight years were qualifying service.
BOARD VOTE:

________  ________  ________  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 AR20070019011, dated 3 July 2008, to show the applicant's last eight years of qualifying service were performed as a member of a Reserve Component.



      ______________________
               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)                                         AR20080018865



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 SUPPLEMENTAL RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20080018865



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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