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 his civilian job required him to be transferred from Florida to South Carolina.  However, it was not until 1994, when he submitted his application (at age 64 years and 6 months) for retired pay benefits that he was informed by officials at the Army Reserve Personnel Center (ARPERCEN) that his last year was not creditable and that he only had 19 years of creditable service.  He goes on to state that by the time he discovered that he lacked sufficient time to qualify for retirement, he had passed his mandatory removal date and could not complete the time.  He further states that at the time he moved from Florida to South Carolina he provided a forwarding address but did not receive any correspondence at his new address.  He also states that at the time he moved, he was enrolled in the Command and General Staff Officer Course (CGSOC) by correspondence and had only one research paper left in order to complete the course and that he completed the paper in 1975.  However, when he attempted to send his paper to the school in Florida where he was enrolled, he was informed that the school had been closed.  He then sent his paper to the Command and General Staff College (CGSC) in Fort Leavenworth, Kansas, where it was eventually graded and his course completion was sent to him in 1978.  He contends that had his paper been graded when it was completed and submitted in 1975 he would have met his minimum qualifying points for retirement in 1975 and would have had the 20 qualifying years he already thought he had to qualify for retirement.  He goes on to state that after he moved he went through a difficult divorce and was unable to obtain his personal records to verify all of his service; however, at no time prior to 1994 was there any indication from anyone that he was not qualified for retirement. Inasmuch as he was under the impression that he could submit his request for retired pay 6 months prior to age 65, he presumed that everything was all right.

4.  The applicant's military records show that he was commissioned as a USAR second lieutenant on 25 January 1952 and entered active duty on 11 June 1952.  He served on active duty until he was honorably released and transferred back to the USAR on 25 March 1954.  He remained active in the USAR and was promoted to the rank of lieutenant colonel on 29 November 1972.  He signed a Ready Reserve Agreement (DA Form 3726) on 23 April 1973 indicating that he would remain in the Ready Reserve until his mandatory removal date.

5.  On 24 September 1976 the ARPERCEN sent the applicant a chronological record of his military service which indicated that he had 19 years of creditable service for retirement as of 24 January 1976.  The notice was sent to the applicant’s former Florida address.

6.  On 22 April 1977 the ARPERCEN sent the applicant a notice of nonparticipation in the USAR, again to his former address, notifying him that he must either request a waiver of a nonqualifying year, request transfer to the Retired Reserve, or be discharged from the USAR.  There is no indication that the applicant ever responded to the notice. However, on 16 July 1977 the applicant was discharged from the USAR and again his orders were sent to his former Florida address. 

7.  The applicant’s records show that a Service School Academic Report (DA Form 1059) was prepared by the CGSC at Fort Leavenworth on 12 April 1978 indicating that the applicant had completed the CGSOC.  The address on the DA Form 1059 was the applicant’s South Carolina address.

8.  The applicant’s records show that he sent letters to the ARPERCEN in January 1983 and February 1992 indicating that he had not received any indication of his requirement to complete retirement processing therefore he was requesting information regarding his retirement points and the procedures to complete his application for retirement.  There is no indication in the applicant’s official records to show that the ARPERCEN ever responded to those requests.

9.  On 17 February 1994 the applicant submitted an Application for Retired Pay Benefits to the ARPERCEN.  On 31 May 1994 the ARPERCEN sent the applicant a letter notifying him that he had been notified on 24 September 1976 that he had only 19 years of qualifying service for retirement and therefore was not eligible to receive retired pay at age 60. 

10.  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 discharge from the USAR was accomplished in accordance with applicable law and regulations.

2. The Board recognizes that it is the individual soldier’s responsibility to notify the Department of any changes in addresses; however, the Board is of the opinion that the applicant was under the impression that he had notified the proper officials of his change of address and that 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 would not have completed the remaining requirements of the CGSOC after he had been discharged.

3.  Additionally, it is apparent that the applicant was unaware of the correspondence being generated by the ARPERCEN regarding his impending discharge and it is reasonable to presume that had the applicant known or not believed he had 20 qualifying years for retirement purposes, he would have taken the necessary steps to obtain the service necessary to qualify for retired pay.  It is also noted that the applicant would have had 20 qualifying years of service had he received credit for his CGSOC completion in his last active year of USAR service.

4.  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 and that he was credited with 20 qualifying years of service.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

	a.  by voiding the 16 July 1977 discharge from the USAR of the individual concerned and showing that he was issued a letter of Notification of Eligibility for USAR retired pay on 16 July 1977, and that he was transferred to the Retired Reserve on the same day;

	b.  by calculating his USAR retired pay based on 20 years of qualifying service; and

     c.  by showing that he timely applied for USAR retired pay and benefits, and is entitled to such pay effective 12 November 1989.

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON