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 applicants 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 Governments action by denying him his last year of active service as qualifying for retired pay is unfair.
3. In view of the foregoing, the applicants 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
ARMY | BCMR | CY1996 | 9605770C070209
The applicant requests that the 355 days he served on active duty while in the Regular Army be considered qualifying for retired pay. The applicant states that he arrived back in the United States from Germany and was released from active duty 10 days prior to the expiration of his term of service (ETS). It would be inherently unjust not to count 355 days of continuous active duty as qualifying for retired pay when the soldier had no choice in the separation and it was for and at the...
ARMY | BCMR | CY2007 | 20070002791C071029
The applicant requests, in effect, that his records be corrected to show he had a full qualifying year for retirement during retirement year ending (RYE) 16 April 1971. The applicant’s chronological statement of retirement points shows he completed 18 years, 11 months, and 29 days of qualifying service for a Reserve retirement as of RYE 25 October 2006. The USAR accepts good retirement years from other components; however, the applicant did not get retirement year credit for his third year...
ARMY | BCMR | CY2002 | 2002082774C070215
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The applicant requests...
ARMY | BCMR | CY2010 | 20100020259
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 22 July 1964 to show he completed 3 years of active service instead of 2 years, 11 months, and 2 days. The applicant states the requested credit of an additional 29 days of active service would allow him to retire from the U.S. Army Reserve (USAR). His USAR Personnel Command (ARPC) Form 249-E (Chronological Statement of Retirement Points) shows he...
ARMY | BCMR | CY2008 | 20080017018
The evidence of record shows the applicant was a Selected Reserve member with at least 15 years and less than 20 years of qualifying service when he was notified on 20 September 2002 that, as a result of a medical determination, he was found to be medically disqualified for continued service in the USAR under the provisions of Army Regulation 40-501, Chapter 3. The evidence of record also shows that the applicant was honorably discharged on 28 May 2003 and transferred to the USAR (Retired...
ARMY | BCMR | CY2011 | 20110019611
Application for correction of military records (with supporting documents provided, if any). The applicant's military record is not available to the Board for review. This case is being considered using reconstructed records which primarily consists of the NA Form 13038 and DD Form 256A provided by the applicant and a DA Form 2139 (Military Pay Voucher) in the applicant's NPRC file.
ARMY | BCMR | CY2006 | 20060002546C070205
The applicant requests, in effect, correction of his records to show 20 years of creditable service for retirement purposes, that he was discharged on 21 June 1996, and that he is eligible for retirement benefits. There is no evidence in the available records which show that the Secretary of the Army directed and/or authorized the separation of the applicant on 19 January 1996. Absent such evidence, it is reasonable to determine that the applicant was incorrectly separated prior to...
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 | CY2011 | 20110011669
Army Regulation 140-10, paragraph 6-1, stated that Reservists were eligible for transfer to the Retired Reserve if they were medically disqualified: * Not as a result of their own misconduct * For retention in an active status (ready reserve) * Entry on active duty, regardless of the total years of service completed 13. The regulation also states that, when a Soldier is being processed for separation or retirement for reasons other than physical disability, continued performance of assigned...
ARMY | BCMR | CY2001 | 2001055624C070420
The applicant provided a copy of his DD Form 4, dated 19 January 1954, which shows that he enlisted for a period of 3 years on 19 January 1954. The evidence of record shows that he enlisted for a period of 3 years and served his commitment in an honorable manner and was separated 2 days before completion of 3 years of active Federal service. The Board also notes that he was separated due to early release of overseas returnees and was transferred to the USAR in accordance with regulations...