APPLICANT REQUESTS: That he be considered eligible for retired pay for nonregular service (USAR not on active duty).
APPLICANT STATES: That the calculation of his qualifying years of service is wrong.
EVIDENCE OF RECORD: The applicant's military records show:
He was commissioned as a second lieutenant on 2 June 1952 and served on active duty from 30 September 1952 to 5 June 1955, at which time he was transferred to the USAR Control Group. He remained assigned to the USAR Control Group, performing no duties, from 6 June 1955 until his assignment to a USAR unit on 1 September 1961.
He then served continuously in the USAR, being promoted to major, until his transfer to the Retired Reserve on 22 March 1973 due to his failure to be selected for promotion to lieutenant colonel after his second mandatory consideration. When the applicant was notified that he was not selected for promotion and was required to be separated, he signed a form electing transfer to the Retired Reserve which stated [I understand that I am] not eligible to receive retired pay.
In the processing of this case an advisory opinion was obtained from the Army Reserve Personnel Center (ARPERCEN). The ARPERCEN stated that the applicant only has 13 years of qualifying service for retired pay which is 7 years short of the 20 qualifying years of service required by law to qualify for retired pay at age 60. The ARPERCEN recommended disapproval of the applicants request.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:
1. The applicant has not submitted any evidence or provided any argument which would lead the Board to believe that he has any service not counted when his service was calculated.
2. To the contrary, he only had 21 years of total service before he was transferred to the Retired Reserve, 6 of which he spent in the USAR Control Group performing no duty and, therefore, were not creditable for retired pay.
3. In addition, the applicant acknowledged that he was aware that he did not qualify for retired pay when he requested transfer to the Retired Reserve.
4. 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
Karl F. Schneider
Acting Director
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