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ARMY | BCMR | CY2001 | 2001057978C070420
Original file (2001057978C070420.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        

         BOARD DATE: 26 February 2002
         DOCKET NUMBER: AR2001057978

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

Mr. Carl W. S. Chun Director
Mr. Lee Cates Analyst


The following members, a quorum, were present:

Ms. JoAnn H. Langston Chairperson
Mr. Raymond J. Wagner Member
Mr. Richard T. Dunbar Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

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

APPLICANT REQUESTS: Retired pay. He requests a waiver of the remainder of time for retirement pension.

APPLICANT STATES: He indicates that he does not believe all records for attendance of reserve time to be complete. He indicates “We would like to waiver the little time that was not given to him, to enable him to retire with a pension”.

EVIDENCE OF RECORD: The applicant's military records show:

His date of birth is 11 March 1932.

The applicant had service in the AUS (Army of the United States), the RA (Regular Army), and the USAR (US Army Reserve), as shown below:

CHRONOLOGICAL RECORD OF ACTIVE MILITARY SERVICE

         PERIOD                      STATUS    QUALIFYING SERVICE
YRS MOS DAYS

26 January 1954 to 10 January 1956       AUS              01      11      15

05 April 1961 to 8 April 1963             RA               02      00      04

09 April 1963 to 08 April 1969            RA               06      00      00

21 July 1970 to 21 November 1973         RA               03      04      01

Total qualifying active service for retirement: 13 03 20
He was honorably discharged from the USAR on 16 February 1992, less than one month prior to age 60. He had 13 years, 3 months and 20 days of qualifying service for retirement at age 60.

During his USAR service he completed two periods of annual training (26 days), but he did not complete any qualifying years for retirement pay at age 60.

Army Regulation 135-180 prescribes the policy and procedures for granting retired pay benefits at age 60, under Title 10, United States Code, chapter 67, sections 1331 to 1337. This regulation specifies, in part, that to be eligible for retired pay an individual must have attained age 60,and completed a minimum of 20 years of qualifying service; and that subsequent to 1 July 1949, qualifying service is granted only for each year of service an individual earns 50 or more retirement points. 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.

In the processing of this case, a staff advisory opinion was obtained from the Retirements and Annuities Supervisor, Transition and Separations Branch, Army Reserve Personnel Command. It contained no information, advice or recommendation, which would constitute a basis for granting the relief requested. The opinion was referred to the applicant by letter on 7 December 2001 for his acknowledgment or possible rebuttal. He did not respond.

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 evidence of record clearly shows the applicant had over 35 years service for longevity pay purposes; however, he completed only 13 years, 3 months and 20 days of qualifying service toward retirement at age 60.

2. There are no provisions for granting a waiver of over 6 years toward retirement.

3. During the applicant’s USAR service, he did not earn any qualifying years of service for retired pay at age 60. He did not earn 50 or more points for any of his USAR service.

4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement

5. In view of the foregoing, there is no basis for granting the applicant's 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

_ jhl ____ _ rtd ____ _ rjw ____ DENY APPLICATION




                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records


INDEX

CASE ID AR2001057978
SUFFIX
RECON
DATE BOARDED 20020226
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 115.0300
2.
3.
4.
5.
6.


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