2. The applicant requests that the last 3 (sic) years of the time he served on active duty be considered time served in the USAR in order to qualify for retired pay at age 60.
3. The applicants military records show that he was born on 15 January 1945. He was inducted on 22 June 1966, served on active duty as a supply specialist, was promoted to pay grade E-4, and was honorably released from active duty on 12 June 1968 and transferred to the USAR to complete his military service obligation. He had a 5-month break in service before enlisting in the Regular Army on 24 November 1972. While on active duty he was awarded the military occupational specialty of tank turret repairer and was promoted to pay grade E-5. On 7 February 1988 he was honorably discharged at the expiration of his term of service.
4. In conjunction with his discharge, he applied for enlistment in the USAR. A waiver was granted for his reentry code (based on his years of service and pay grade) and, on 12 February 1988, he enlisted in the USAR. He served continuously in the USAR, being assigned to a troop program unit, but never being promoted beyond pay grade
E-5.
5. On 7 November 1993 the applicant was notified that he had not been selected for retention by a Qualitative Retention Board (QRB) and was given the choice of transferring to the Retired Reserve with special separation pay, transferring to the USAR Control Group, or being discharged. He elected transfer to the Retired Reserve with special separation pay. Accordingly, on 25 January 1994 he was transferred to the Retired Reserve
6. A DARP Form 249-2-E, Chronological Statement of Retirement Points shows the applicant completed 26 years, 7 months and 12 days service for longevity pay purposes, of which 21 years, 2 months and 7 days were creditable for reserve retired pay. However, only 4 of his last 8 years were served in the USAR.
7. Title 10, United States Code, chapter 67, section 1331, provides that a person is entitled, upon application, to retired pay if he is at least 60 years of age, has performed at least 20 years of qualifying service, and has performed the last 8 years of qualifying service in a Reserve Component.
CONCLUSIONS:
1. The applicant was properly considered by a QRB and properly removed from an active reserve status due to his failure to be selected for retention.
2. At that time he had completed more than 21 years of qualifying service for reserve retired pay at age 60. Were it not for the requirement that the last 8 years of service be spent in a reserve component, he would be eligible for receipt of retired pay at age 60.
3. While the Board finds no violation of regulation or law in this case, the applicants ineligibility for receipt of retired pay afer so many years of qualifying service, both active and reserve, seems unjust.
4. As such, it would be in the interest of justice to grant his request by correcting his records to show that his last 4 years of service in the Regular Army was service in the USAR, thereby satisfying the requirement that the last 8 years of service be in a Reserve component. He should then be issued a notification of eligibility for receipt of reserve retired pay at age 60 (a 20-year letter).
5. 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:
a. by showing that the last 4 years of Regular Army service performed by the individual concerned was, for the purpose of qualifying for reserve retired pay, service in the USAR; and
b. by issuing to him a notification of eligibility for receipt of retired pay at age 60 (20-year letter).
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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