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 applicants 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
ARMY | BCMR | CY2001 | 2001066265C070421
APPLICANT REQUESTS: That he be granted a United States Army Reserve (USAR) Retirement, effective when he reached age 60. APPLICANT STATES : In effect, that he was illegally denied a USAR Retirement at age 60, when he had previously been certified as eligible for retirement in 1979. On 16 February 2000, the ARPERSCOM, in response to an application for retired pay at age 60 from the applicant, informed him that he was not eligible for retired pay at age 60 because he had only 8 years of...
ARMY | BCMR | CY2002 | 2002067767C070402
EVIDENCE OF RECORD : The applicant's military records show: Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers) states, in pertinent part, that education requirements for promotion eligibility for MAJ are a bachelor degree and completion of an officer advanced course prior to the convening date of the promotion board. It does appear that the records reviewed by the promotion board did not correctly show this information.
ARMY | BCMR | CY2002 | 2002070264C070402
During the partial retirement year 31 October 1991 through 9 January 1992, a period of 2 months and 10 days, when he was transferred to the Retired Reserve according to his retention granted, he earned 61 retirement points for completion of 183 correspondence course credit hours. On 4 May 1992, the U. S. Army Reserve Personnel Command (AR-PERSCOM) transferred the applicant to the Retired Reserve, effective 9 January 1992. Army Regulation (AR) 135-180 (Qualifying Service for Retired Pay...
ARMY | BCMR | CY2011 | 20110022085
The applicant states he: * had prior honorable enlisted service in the U.S. Navy from 1968 to 1974 * was appointed as a Reserve commissioned officer on 4 June 1978 * completed 20 years of commissioned service on 4 June 1998 * had a mandatory release date (MRD) of 4 June 2002 * was honorably discharged on 31 May 2005 a. He states that Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) provides that a MAJ on the Reserve Active Status...
ARMY | BCMR | CY2002 | 2002076641C070215
It indicated, in pertinent part, that to be eligible for retired pay, an individual need not have a military status at the time of application for retired pay, but must have (1) attained age 60; (2) completed a minimum of 20 years of qualifying service; and, (3) served the last 8-years of his or her qualifying service as a Reserve Component soldier. He was allowed two additional years to obtain one additional year of qualifying service until his transfer to the Retired Reserve effective 24...
ARMY | BCMR | CY2010 | 20100010201
The applicant was transferred to the U.S. Army Reserve and was promoted to CW3 effective 30 September 1992. It provided that, during the period beginning 23 October 1992 through 30 September 1999 (later extended to 31 December 2001), a member of the Selected Reserve who had completed at least 15, and less than 20 years of qualifying service as of 1 October 1991 could, upon the request of the member, be transferred to the Retired Reserve. Paragraph 4-4a provided, in pertinent part, that...
ARMY | BCMR | CY2005 | 20050016038C070206
The applicant requests, in effect, that his records be corrected to show he qualified for a Reserve retirement. That office noted that, when the applicant was discharged in December 1989, the Retirement Points Accounting System did not show he had completed 18 years of qualifying service. His records were later corrected to show he completed 19 years of qualifying service for a Reserve retirement.
ARMY | BCMR | CY2002 | 2002069736C070402
A 1989 USAR Standby Advisory Board reviewed his record and selected him for promotion to MAJ. A 1989 Army Board for Correction of Military Records (ABCMR) Proceedings directed that his discharge be voided, that he be promoted to MAJ, that he be credited with qualifying service for Reserve retirement, and that an explanation be placed in his records to show that the resulting gap in Officer Evaluation Reports (OERs) was due to no fault of the officer. On 18 October 1988, ARPERCEN issued...
ARMY | BCMR | CY2003 | 2003084890C070212
The applicant requests, in effect, reconsideration of his earlier appeal to correct his military records by revoking his transfer to the Retired Reserve, reinstating him to an active status and awarding him sufficient credit to permit him to qualify for retired pay at age 60. The Board notes that the DA Form 1380 provided by Mr. R_____ only shows 50 retirement points in column c. The Board is accepting this information as it is intended to be used, to establish participation and qualify the...
ARMY | BCMR | CY2003 | 2003090103C070212
The evidence of record clearly shows that the applicant was transferred to the Retired Reserve after being twice nonselected for promotion to the rank of LTC. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him constructive credit, inactive duty points and the appropriate pay for the period he was assigned to...