| Mr. Carl W. S. Chun | Director | |
| Mr. Paul A. Petty | Analyst |
| Mr. Walter T. Morrison | Chairperson | |
| Mr. Curtis L. Greenway | Member | |
| Mr. Arthur A. Omartian | Member |
2. The applicant requests, in effect, that he, a U. S. Army Reserve (USAR) Chief Warrant Officer Four in Military Intelligence, be extended in the active Reserve beyond his 62nd birthday, 1 June 2001, to 25 October 2001, the retirement year ending date for his 20th year of service, so that he can qualify for retirement and retired pay.
3. The applicant states, in effect, that he is in his 20th year qualifying for retirement, 26 October 2000 – 25 October 2001, and has earned over
161 retirement points in this year, but he will not be able to finish the year and receive credit qualifying for retirement since his 62nd birthday is on 1 June 2001, the date he is subject to discharge. After 19 years and 8 months of faithful service qualifying for retirement, it is unfair and unjust to be denied retirement. The years 1989 and 1990 should have been good years qualifying for retirement but he has been unable to obtain documentation to correct this error.
4. The applicant’s military records show that as of the retirement year ending date 25 October 2000, he has 19 years qualifying for retirement. This includes the prior 10 consecutive years beginning on 26 October 1990, while serving in the USAR as a warrant officer; 5 years from 26 October 1979 through 25 October 1984, while enlisted in the Navy Reserve, enlisted in the Army National Guard (ARNG), and then a warrant officer in the ARNG and the USAR; and 4 years from 7 December 1956 through 6 December 1960, while enlisted in the Air Force, after which he was transferred to the Air Force Reserve. He had a break in service from 7 December 1962 to 25 October 1979.
5. As a Reservist, the applicant recently served on an active duty for special work (ADSW) short tour from 15 October 2000 through 23 March 2001, with
Joint Task Force Six. While on tour, he requested a 6-month extension in his USAR status by letter to the Army Reserve Personnel Command
(AR-PERSCOM), dated 21 February 2001. He stated that he had passed the Army Physical Fitness Test in October 2000 and had a current physical which met the Army medical fitness standards. AR-PERSCOM did not have the authority to extend his Reserve status beyond his 62nd birthday.
6. On 7 May 2001, AR-PERSCOM published orders D-05-123075, honorably discharging the applicant from the USAR, effective 7 May 2001.
7. The applicant’s 62nd birthday was on 1 June 2001.
8. In accordance with Army Regulation (AR) 135-175 (ARNG and Army Reserve Separation of Officers), paragraph 4-4, Reserve officers who attain maximum allowable age as prescribed in AR 140-10, will be removed from an active Reserve status by discharge or transfer to the Retired Reserve if eligible
according to AR 140-10, paragraph 6-1. In accordance with AR 140-10 (Army Reserve Assignments, Attachments, Details, and Transfers), paragraph 7-3, the maximum allowable age is 62 years old. Removal will be by discharge, or transfer to the Retired Reserve if a total of 20 years of active or inactive service in the Armed Forces have been completed. Removal will be on the last day of the month in which the officer turns age 62.
CONCLUSIONS:
1. The applicant had achieved the retirement points in his 20th year for that year to qualify for retirement with respect to the number of points. He lacked
5 ½ month’s time in a Reserve status to complete his 20th year on 25 October 2001, due to turning age 62 on 1 June 2001. According to regulation, the applicant was subject to separation on 30 June 2001, the last day of the month in which he turned age 62. However, AR-PERSCOM published discharge orders with an incorrect effective date of 7 May 2001. While separation in the middle of his 20th year on the last day of the month in which he turned age 62 is according to regulation, it is unfair and unjust to deny the applicant retirement after 19 years and 6½ months of faithful service. He states that he had performed the service to qualify for retirement before turning age 62 but the retirement point accounting for the years 1989 and 1990 was incorrect and he has not been able to obtain records to correct the account. It would, therefore, be appropriate, as an exception, to revoke the applicant’s 7 May 2001 discharge, extend his active Reserve status in the Individual Ready Reserve (IRR) to 25 October 2001, and then transfer him to the Retired Reserve. His records should then show that the year 26 October 2001 through 25 October 2001 qualified for retirement and that he has 20 years qualifying him for retirement. With these actions completed, the applicant will then be eligible to apply for retired pay.
2. 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 by:
a. revoking the AR-PERSCOM discharge orders D-05-123075, dated
7 May 2001;
b. extending him in an active Reserve status in the IRR to 25 October 2001; and
c. transferring him to the Retired Reserve on 25 October 2001 after completing 20 years qualifying for retirement.
BOARD VOTE:
__wm___ __cg___ __ao____ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
___Walter T. Morrison___
CHAIRPERSON
| CASE ID | AR2001057937 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20011101 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | 136 – Retirement Separation |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2002 | 2002082159C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: In effect, that his transfer to the Retired Reserve be revoked and that he be reinstated in the US Army Reserve (USAR) Individual Ready Reserve (IRR) in order to serve until his Mandatory Removal Date (MRD) of 1 July 2004. On 26 November 2002, the applicant was released from his TPU and was transferred to the Retired Reserve, effective 1 December 2002,...
ARMY | BCMR | CY2002 | 2002074285C070403
The applicant requests that her records be corrected to show that she completed 20 years of qualifying Army Reserve service for retired pay at age 60. The applicant’s military records show that she was born on 16 April 1942 and was appointed a first lieutenant in the Army Nurse Corps effective 25 June 1982 with immediate assignment to an Army Reserve unit. The AR-PERSCOM recommends granting the applicant retired pay.
ARMY | BCMR | CY2002 | 2002069832C070402
APPLICANT REQUESTS: That he be granted an exception to policy to reenlist to reach 20 years of qualifying service for a nonregular retirement. However, since a Reserve soldier cannot receive retired pay for qualifying years of Reserve service until age 60, soldiers may remain in an active status until age 60. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
CG | BCMR | Retirement Cases | 2010-119
The applicant stated that he completed his SELRES service on his 60th birthday, March 13, 2007, and entered retired status RET-1 on that date with 40 years, 10 months, and 3 days of creditable service time and 4,491 retirement points. In Public Law 109-364, Congress authorized new pay rates to go into effect on April 1, 2007, and extended them from the previously highest category, “over 26,” to a new high for “over 40.” Although the applicant considers his situation to be one of a kind...
ARMY | BCMR | CY2010 | 20100008775
After application to the Army Board for Correction of Military Records (ABCMR), he was reinstated as a commissioned officer in the USAR in the rank and grade of major/pay grade O-4. Based on the evidence of record, the applicant executed an oath of office and was commissioned in the USAR on 15 January 1985 at the age of 28 years. Therefore, there is insufficient basis to grant him his requested relief to extend his MRD to 10 March 2016, the date he attains age 60.
ARMY | BCMR | CY2001 | 2001060564C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. He enlisted in the US Army Reserve (USAR) on 1 January 1975, for a period of 6 years. He continued to serve until he was honorably discharged in order to reenlist.
ARMY | BCMR | CY2002 | 2002071008C070402
The applicant requests, in effect, that the records of her deceased spouse, a former service member (FSM), be corrected to show he completed 20 years of qualifying service for a non-regular retirement and that he enrolled in the Reserve Component Survivor Benefit Plan (RCSBP). 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. That all of the Department of the Army records related to this case be...
ARMY | BCMR | CY2008 | 20080003647
The applicant requests correction of his records to show he was transferred to the Individual Ready Reserve (IRR) on 6 January 2003, and then to the Retired Reserve, instead of being discharged. AR-PERSCOM Orders D-01-200737, dated 8 January 2002, show that the applicant was honorably discharged from the USAR effective that date. In pertinent part, it stated that promotion vacancies were not required for IRR promotions.
ARMY | BCMR | CY2001 | 2001059775C070421
APPLICANT REQUESTS: That he not be placed in the Retired Reserve and instead be reinstated in the Ready Reserve in order to complete 20 years of qualifying service. EVIDENCE OF RECORD : The applicant's military records show he was appointed as a Reserve commissioned officer in the rank of second lieutenant on 2 January 1981. The applicant provided a copy of AR-PERSCOM Orders C-03-108606, dated 27 March 2001, which shows that he was released from the USAR Control Group (Reinforcement) due...
ARMY | BCMR | CY2001 | 2001064271C070421
The applicant requests that he be granted credit for retirement points for the period December 1998 to December 2000. The applicant states that he was a troop program member (TPU) until 30 March 2001, and on that date was transferred to the Retired Reserve due to his Mandatory Removal Date (MRD), and remained in the Active Reserve for 2 additional years. However, the evidence of record shows that he did serve 2 additional years past his MRD and should be entitled to receive credit for the...