APPLICANT REQUESTS: That the time he served in the Indiana National Guard (sic) be considered creditable service for retired pay.
APPLICANT STATES: That in the calculation of his service, the Army has failed to recognize that his National Guard (sic) unit was federalized and responsible for protecting the defense factories within the state during World War II and should, therefore, be credited to him as qualifying service. He states that his contention is borne out by the fact that his National Guard unit was subject to inspections by other State militias and by active Army officers, was subject to the orders of the Governor, was subject to mobilization, and participated in several activities with active Army units.
In support of his application he submits copies of Indiana State laws and regulations pertaining to its State militia, one of which, General Orders Number 4, dated 10 March 1941, specifies that The Indiana State Guard shall be additional to an distinct from the National Guard.
EVIDENCE OF RECORD: The applicant's military records could not be located. Reconstructed records show:
He enlisted in the State Guard of Indiana on 15 September 1942, reenlisted in the State Guard of Indiana on 19 February 1946, and was honorably discharged from the State Guard of Indiana in the grade of sergeant on 29 April 1946 to enlist in the active Army.
The applicant served on active duty from 5 April 1946 to
23 February 1947, being honorably discharged in the grade of private. The WD AGO Form 53-55 he was issued for that service, item 39, prior service, has None entered.
He served continuously in the Army reserve from the date of his discharge from active duty to 31 January 1964, at which time he was honorably discharged from the Army Reserve at the expiration of his term of service in the rank of master sergeant.
Title 10, U.S. Code, section 1332, Computation of years of service in determining entitlement to retired pay, as implemented by the Department of Defense Military Pay and Allowances Entitlements Manual, paragraph 10103, Service not creditable, specifies that time spent as a member of a state, home, or territorial Guard is not creditable service.
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. The applicant served in the State Guard of Indiana from 15 September 1942 to 29 April 1946, which is not part of the Army National Guard and, therefore, by law, not considered creditable service. The General Orders issued by the State of Indiana clearly specifies that the State Guard is separate and distinct from the States Army National Guard.
2. While the applicants voluntary service to his state in a time of war was highly commendable, it did not and does not count as creditable service. It is unfortunate if the applicant thought that service was creditable. However, he had the years of service and was of the rank to be expected to know or to determine for himself whether that service was creditable prior to leaving the Army reserve.
3. In view of the foregoing, there is no basis for granting the applicants 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
David R. Kinneer
Executive Secretary
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