APPLICANT REQUESTS: Entitlement to reserve retired pay.
APPLICANT STATES: That when he was discharged from the Army National Guard (ARNG) he was told that he completed 20 years, 9 months and 11 days of creditable service and would automatically start receiving retired pay on his 60th birthday. He has since discovered that the information he received was false, that the time he spent in the Standby Reserve was not qualifying for retired pay. Because of that misinformation, he is not eligible for retired pay.
EVIDENCE OF RECORD: The applicant's military records show:
He was inducted into the active Army on 6 August 1952 and was honorably discharged in pay grade E-3 at the expiration of his term of service (ETS) on 5 August 1954. He served the remainder of his 8-year statutory military service obligation in the USAR Control Group.
He enlisted in the ARNG on 19 August 1963, was promoted to pay grade E-2, and was honorably discharged on 10 June 1966 due to his continued and willful absence from unit training assemblies.
He reenlisted in the ARNG on 2 December 1970, served continuously, was promoted to pay grade E-6, was awarded the military occupational specialty of cook, and was honorably discharged (for reasons unknown) on 1 December 1980. An NGB Form 22 prepared at that time shows him credited with 20 years, 9 months and 11 days total service for pay purposes.
An NGB Form 23, Army National Guard Retirement Credits Record, show that the applicant had qualifying years of service from the date of his enlistment on 2 December 1970 to the date of his discharge on 1 December 1980, for a total of 10 qualifying years of service for retired pay.
The applicant turned 60 years old on 19 March 1988.
Title 10, U.S. Code, section 1332 defines a qualifying year of service for retired pay as one in which a Reservist or Guardsman is credited with at least 50 retirement points.
In the processing of this case an advisory opinion (COPY ATTACHED) was obtained from the Adjutant General, Pennsylvania ARNG. The Adjutant General stated that the applicant has only completed 14 qualifying years of service for retired pay.
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. It appears that the applicant earned 2 qualifying years for his service from 19 August 1963 to 10 June 1966. Those 2 years, plus his 2 years of active duty, plus his 10 years of continuous service in the ARNG gives him a total of 14 qualifying years of service for retired pay. That is 6 years short of retirement eligibility.
2. Unfortunately, the applicant apparently believed that time he spent in an inactive status was creditable for retired pay. Such, however, is not the case.
3. While the applicant is credited with completing more than 20 years of service for longevity pay purposes, this is not the same as creditable service for receipt of retired pay.
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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