PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 6 September 2001
         DOCKET NUMBER: AR2001053035


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mr. Paul A. Petty		Analyst

The following members, a quorum, were present:

Mr. Luther L. Santiful		Chairperson
Mr. John T. Meixell		Member
Mr. Melvin H. Meyer		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests, in effect, that his retirement point account be corrected to show that he has 20 years qualifying for retired pay at age 60 and that he be provided retired pay.

3. The applicant states, in effect, that he is credited with only 18 years qualifying for retired pay, but he served for 20 qualifying years. He received a certificate of retirement with a letter of instruction to apply for retirement benefits at age 60. He would not have requested transfer to the Retired Reserve if he had thought or known that he was not qualified for retirement pay at age 60. There must be an error in his retirement point account.

4. The applicant’s military records show that he was born on 3 August 1937 and enlisted at age 17 in the United States Army Reserve (USAR) on or about
11 April 1955. He served as an enlisted drilling member of the USAR through
11 December 1960, rising to the rank of staff sergeant. On 12 December 1960, he was commissioned as a second lieutenant in the USAR. He continued to serve as a drilling member of the USAR through 4 July 1963. On 5 July 1963,
he was ordered to active duty where he served through 1 May 1972 when he was released from active duty and transferred to the Standby Reserve. From Retirement Year Beginning Date (RYBDT) 11 April 1955 through Retirement Year Ending Date (RYEDT) 10 April 1972, the applicant was credited with
18 consecutive years qualifying for retired pay at age 60. From 11 April 1972 through 1 May 1972, he was credited with 21 active duty retirement points.

5. While serving on active duty as a USAR infantry officer and then logistics officer, he served two tours in Vietnam, 20 April 1966 through 2 April 1967 with the 18^th Infantry Regiment and 10 August 1970 through 10 August 1971 (for which he volunteered) with the 723rd Maintenance Battalion. He was promoted through the ranks to major on 12 February 1969. For his service in Vietnam, he was awarded the Bronze Star Medal, the Air Medal and Air Medal with oak leaf cluster, the Combat Infantryman Badge, the Army Commendation Medal, the Vietnam Service Medal with 4 bronze service stars, and the Vietnam Campaign Medal with 60 device. He also received the Army Commendation Medal first and second oak leaf clusters for other service.

6. By U. S. Army Reserve Components Personnel and Administration Center (RCPAC) Letter Orders 10-455649, dated 9 October 1974, the applicant was voluntarily transferred from the Standby Reserve to the USAR Control Group (Reinforcement) Individual Ready Reserve (IRR), effective 10 October 1974. By RCPAC Letter Orders S-05-5820, dated 30 May 1975, he was ordered to Active Duty for Training (ADT) for 13 days with the 91^st U. S. Army Maneuver Training Command (USA Maneuver Tng Cmd) at Camp Parks, California, to report on 28 June 1975. For this training, he was credited with 14 ADT retirement points


for the period 28 June 1975 through 11 July 1975. He also received an Officer Evaluation Report (OER) for this period of duty. On 1 March 1976, the U. S. Army Ordnance Center and School issued a letter approving the applicant’s Army Correspondence Course Program enrollment in “Preparation for Ordinance Officer Advance Course” course. He was credited with 3 correspondence course retirement points as of 10 April 1976. For the Retirement Year Ending (RYE)
11 April 1976, the applicant was credited with a total of 32 retirement points:
15 for membership, 3 for correspondence course completion, and 14 for ADT. This year did not qualify as a year good for retired pay.

7. By RCPAC Letter Orders 05-187467, dated 18 May 1976, the applicant, while assigned to the IRR, was attached to the 91^st USA Maneuver Tng Cmd for training, effective 20 February 1976. The orders instructed that retirement points be reported. He received an OER for the period 16 - 30 July 1976 for 15 days ADT. He was credited with 15 retirement points for this period of duty. He received an OER for the period 21 August 1976 through 3 September 1976
for 14 days Annual Training (AT). There is no record of retirement points for
this period of duty. His records contain a DA Form 1380 (Record of Individual Performance of Reserve Duty Training) that show that he attended 16 unit drills from September through December 1976 for which he was credited with
16 Inactive Duty Training (IDT) retirement points.

8. By RCPAC Orders 03-46488, dated 14 March 1977, the applicant was transferred from the IRR to the 91^st USA Maneuver Tng Cmd, effective
25 January 1977. He received an OER for the period 4 September 1976 through 31 March 1977 for IDT duty performance. The OER showed that he attended
24 drills during this period for which he should have had 24 IDT retirement points. However, only 16 retirement points were recorded for this period on his retirement point account for the RYE 10 April 1977. On the RYE 10 April 1977, the applicant was credited with a total of only 46 retirement points: 15 for membership, 16 for IDT, and 15 for ADT. The account is short 8 IDT and 14 AT retirement points. The total number of retirement points for this period should be 68 but with only 46 retirement points recorded, this year was not credited as a good year for retirement.

9. The applicant received an OER for the period of 1 April 1977 through
30 September 1977. The reason for the OER was a Permanent Change of Station (transfer) to RCPAC (the IRR). The OER showed that he attended
24 drills during this period for which he was credit 24 IDT retirement points on his retirement point statement. The OER also shows that he attended 14 days ADT/AT. His retirement point statement shows that he was credited with ADT/AT retirement points, 7 for the period 9-15 July 1977 and 7 for the period 30 July 1977 through 5 August 1977. He was also credited with additional 2, 2, and
3 retirement points, respectively, for three other short periods of ADT.

10. By Headquarters, Sixth United States Army Orders 158-062, dated
16 November 1977, the applicant was transferred from the 91^st USA Maneuver Tng Cmd to the USAR Control Group (Reinforcement) (IRR), effective
16 November 1977. Beyond this date, there are no retirement points recorded or any evidence of IDT, ADT/AT, or correspondence course participation.

11. For the RYE 10 April 1978, he was credited with a total of 60 retirement points: 15 for membership, 24 for IDT, and 21 for ADT/AT. This year qualified as a good year for retirement at age 60. At this date, his retirement point statement showed that he had a total of 18 years qualifying for retired pay at age 60, but should have shown that he was credited with 19 years.

12. On 6 July 1979, RCPAC published a letter to the applicant, with his annual retirement point statement enclosed, that informed him that he had not accrued the minimum required 27 retirement points to be retained in an active status in the IRR. The letter provided options for related actions. On 22 July 1979, by signature, the applicant elected transfer to the USAR Control Group Inactive which carried the stipulation that while so assigned, he could not earn retirement points or be considered for promotion. His AGUZ Form 115 (Statement of Retirement Points), dated 27 March 1980, shows that the applicant was transferred to the USAR Control Group Inactive, effective 22 July 1979.

13. On 7 September 1982, RCPAC published a letter to the applicant to inform him, that notwithstanding the fact that he had not completed 20 years of service creditable for retired pay, he had reached his maximum retention date and his removal from the Active Reserve was mandatory. He was informed that he must either be discharged or transferred to the Retired Reserve. By his signature on 22 September 1982, he elected transfer to the Retired Reserve. He was so transferred by RCPAC Orders C-10-914512, dated 12 October 1982, effective
12 October 1982.

14. The applicant turned age 60 on 3 August 1997. On 1 August 2000, the Transition and Separation Branch, U. S. Army Reserve Personnel Command, received from the applicant, an application for retired pay. By letter dated
18 September 2000, the Transition and Separation Branch informed him that he was not qualified for retired pay since he had only 18 years of qualifying service.

15. The Retirements Branch, U. S Army Reserve Personnel Command, provided an advisory opinion that they had audited the applicant’s records and his retirement point account and could find no error. The applicant provided rebuttal contending that there was error in the retirement point account.



16. Army Regulation 135-180, applicable to Reserve personnel, prescribes the policy and procedures for granting retired pay benefits at age 60 under Title 10, United States Code, chapter 1223, sections 12731 to 12740. This regulation specifies, in part, that to be eligible for retired pay, an individual must have attained age 60, and have completed a minimum of 20 years of qualifying service.

17. Army Regulation 140-10 prescribes the policy and procedures for transfer to the Retired Reserve. It provides for transfer to the Retired Reserve for soldiers who have completed a minimum of 20 qualifying years for retired pay at age 60. It also provides that the individual must request transfer to the retired reserve or be discharged upon expiration of term of service (ETS) or upon reaching MRD.

CONCLUSIONS:

1. The applicant’s retirement point statement for the retirement year 11 April 1976 through 10 April 1977 shows only 46 retirement points. It shows
15 membership points, 15 ADT points for the period 16 - 30 July 1976, only
16 IDT retirement points when 24 IDT attendance was reported, and no points were recorded for the 14 days AT that he performed during the period 21 August 1976 through 3 September 1976. His retirement point account should be corrected to add these 8 IDT and 14 AT retirement points and show the year as a good year with 68 total points. His retirement point account should then show a total of 19 years qualifying for retired pay at age 60.

2. The applicant completed 19 years of faithful service qualifying for retired pay at age 60. He has 36 points for the part of the RYE 10 April 1976 when he was attached to the 91^st USA Maneuver Tng Cmd and 21 AD retirement points left over in the RYE 10 April 1973 for a part of a year when he was released from AD. Combined, the points from these two partial years would constitute a good year qualifying for retired pay at age 60. In light of his long and faithful service and his service in combat against the enemy of the United States, an exception to regulation and policy should be made to move the 21 AD points to the RYE
10 April 1976, making that a good year qualifying for retired pay, making a total of 20 years qualifying for retired pay at age 60, and providing him retired pay.

3. In view of the foregoing, the applicant’s records should be corrected as recommended below.







RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected for the individual concerned, as an exception to policy and regulation, by:

         a. adding 8 IDT and 14 AT retirement points to the retirement year
11 April 1976 through 10 April 1977 for a total 68 points showing the year as qualifying for retired pay at age 60;

         b. redistributing 21 retirement points from RYE 10 April 1973 to
RYE 10 April 1976 for a total of 53 retirement points for the retirement year
11 April 1975 through 10 April 1976, showing the year as qualifying for retired pay at age 60, for a total of 20 years qualifying for retired pay at age 60;

         c. issuing him an amended retirement point statement showing the above changes;

         d. providing him counseling on the SBP and giving him the opportunity to make SBP elections; and

         e. upon his subsequent reapplication for retired pay, initiating retired pay effective 3 August 1997.

BOARD VOTE:

__ls___ ___jm___ __mm____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Luther L. Santiful__
                  CHAIRPERSON

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INDEX

CASE ID	AR2001053035
SUFFIX
RECON
DATE BOARDED	20010906
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	135.02 – Retirement Point Credit
2.
3.
4.
5.
6.