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Decision Text

ARMY | BCMR | CY1997 | 9710990
Original file (9710990.rtf) Auto-classification: Approved
2. The applicant requests, in effect, that he be issued a 20-year letter. He states that his DARP 249, Chronological Record of Retirement Points, shows the incorrect number of qualifying years for retirement, that 1982 and 1983 should be considered good years, and that 1981 has the incorrect number of points. He was forced to leave the U.S. Army Reserve because of a disability. He submits pay vouchers to verify his qualifying year and additional retirement points; he submits VA documentation to verify his disability (multiple sclerosis).
3. The applicant was born on 28 September 1948. He initially enlisted in the Army Reserve, the Reserve Officer Training Corps, on 23 September 1968. He was appointed as a second lieutenant in the Air Defense Artillery on 30 January 1971 and entered active duty on 13 March 1971. He was released from active duty on 12 March 1973. He was discharged from the Reserve effective 23 December 1990, in pay grade O-4, although the discharge orders are dated 26 May 1993.

4. Between the period when the applicant was discharged but before he received his orders (when he assumed he was still in the Reserve), he completed a periodic physical examination. The examination notes that he had a history of multiple sclerosis for the past four years that gave him functional balance and walking problems.

5. The applicant continued to make attempts to earn retirement points, such as by completing the Combined Armed and Services Staff School course, after he was discharged. He also contacted the Army Reserve and Personnel Center on several occasions inquiring how he could complete his final year. (No responses to his inquiries are included.)

6. Army Regulation 140-185 prescribes the types of training and activities for which retirement points are authorized and the procedures for recording retirement point credits and training for USAR soldiers. It states only Ready Reserve soldiers and Active Standby Reserve soldiers are authorized retirement point credit.

7. Army Regulation 135-180 implements statutory authorities governing the granting of “retired pay” to soldiers and former Reserve components soldiers.

8. Sections 12731 through 12738 of Title 10, U.S. Code, authorize retired pay for Reserve component military service. Under this law, a Reserve soldier must complete a minimum of 20 qualifying years of service to be eligible for retired pay at age 60. The term “good years” is an unofficial term used to mean years in which 50 or more retirement points are earned during each year and which count as qualifying years of service for retirement benefits at age 60.
CONCLUSIONS:

 1. Recalculation of the applicant’s retirement points show he earned 74 retirement points in retirement year ending 19 January 1984 instead of the 15 shown on his DARP 249. This correction gives him 19 years of qualifying service for Reserve retirement at age 60, but still not enough to make him eligible for such retirement.

2. DARP Form 249 credits him with retirement points for the retirement years ending 29 January 1991 and 29 January 1992, although neither years had sufficient total points to qualify for a “good year” and although the effective date of his discharge was 23 December 1990.

3. Had the Army Reserve Personnel Center properly advised him in either of these two years that he was in danger of being discharged due to unsatisfactory participation, regardless if the reason was because of his disability or otherwise, he could have taken steps in time to earn sufficient points to complete his 20 th year. (He could have completed the Combined Armed and Services Staff School course earlier instead of in 1995, when it was too late.)

4. In view of the foregoing, it would be appropriate and just to correct the applicant’s records as recommended below.

 RECOMMENDATION :

1. That all of the Department of the Army records related to this case be corrected:
 a. by correcting his DARP Form 249 for retirement year ending 29 January 1981 to show he earned 91 total points (48 inactive duty, 13 extension course, 15 membership and 15 active duty points); retirement year ending 29 January 1983, to show he earned 93 total points (63 inactive duty, 15 membership and 15 active duty points); and retirement year ending 29 January 1984, to show he earned 74 total points (46 inactive duty, 15 membership and 13 active duty points);
 b. by redistributing the excess retirement points of the individual concerned to provide him with a qualifying year of service for retirement year ending 29 January 1975; and
c. by issuing him a certificate of eligibility to show that he is entitled to Reserve retired benefits at age 60.
2. The Army has an established program to counsel retiring soldiers on the rights, benefits, and privileges afforded as a result of military retirement. Retirement Services Officers (RSO) are available at most major Army installations to provide a retirement briefing, which includes information on the Survivor Benefit Plan (SBP). The applicant is advised to contact his nearest RSO (list enclosed ) as soon as possible to facilitate a smooth transition to retired status.

 BOARD VOTE :
GRANT AS STATED IN RECOMMENDATION

 GRANT FORMAL HEARING

 DENY APPLICATION
                                             CHAIRPERSON

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