| Mr. Carl W. S. Chun | Director | |
| Ms. Antoinette Farley | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Ms. Barbara J. Ellis | Member | |
| Mr. Ronald E. Blakely | Member |
2. The applicant requests, in essence, correction of his military records to show revocation of his discharge and extension of his mandatory retirement date (MRD). The applicant amended his application to request transfer to the Retired Reserve in lieu of discharge as appropriate.
3. The applicant states, in essence, that calculations of his retirement points are incorrect for several years. In effect, his record should show sufficient qualifying years for pay at age 60. He states, that he rebuilt his service record, to correct errors or omissions to his retirement points. He did receive some adjustments for six years, but believes that at least four other years are also in error. Therefore, he is seeking to remain in the service until June 2003. This would allow him time to complete all the necessary corrections to his service record and achieve his
20 years of service. In support of his claim he submits a letter summarizing his effort to correct his qualifying years, a 28 September 2001 memorandum from the Army Reserve Personnel Center PSP-T, Service Transition and Separation Branch, and a copy of his Retirement Points Accounting System (RPAS) Report dated 13 June 2001.
4. The applicant’s military record shows on 27 May 1962, he enlisted in the United States Army Reserve (USAR) for 6 years. He completed his initial active duty for training (IADT) tour of 6 months, was awarded military occupational specialty (MOS) 310 (Field Communication Crewman) and was honorably released on
26 November 1962. He then returned to his USAR unit to complete his remaining obligated service.
5. On 12 June 1966, he entered USA Infantry School as an officer candidate. On 15 August 1966, he was appointed and commissioned as a second lieutenant in the USAR, Infantry.
6. On 28 September 2001, a memorandum from the Transition and Separation Branch responded to the applicant’s request for correction of his service credits. The memorandum pointed out that his discharge orders were published because he had attained the maximum authorized years of service but had not accumulated 20 qualifying years of service for retired pay at age 60. It also noted that his service credits had been recomputed and it was determined that he had 5 more years of valid service at the time of his discharge on 2 December 1994. This gave him 19 qualifying years of service and, if those years had been credited to him prior to his discharge, he would have been eligible to be locked-in to complete 20 qualifying years of service. The memorandum also points out that, the Army Reserve Personnel Command (AR-PERSCOM) does not have the authority to revoke the discharge orders and to grant the applicant a 2-year extension at this late date. The command’s opinion is that authority should be given to revoke the discharge orders, and to retain the officer 2 years from the date of the board’s decision, but not beyond age 60, to allow the applicant time to earn enough points for one additional qualifying year of service for retired pay.
7. His RPAS report shows that he has now been credited with 19 years of qualifying service and that he earned 42 points during the Retirement Year Ending (RYE) 16 April 1988. This RYE occurred during an 8-year period during which the applicant had 6 qualifying years. During RYE 16 April 1987 he earned 69 retirement points.
8. Army Regulation 135-180, at paragraph 1-4, states that retired pay is pay granted Reserve component soldiers under Title 10, United States Code, Section 1331, after completion of 20 or more years of qualifying service [a qualifying year requires at least 50 points] and upon attaining age 60. This pay is based on the highest grade satisfactorily held at any time during an individual’s entire period of service, other than an inactive part of a Reserve component.
9. 10 USC, Section 12646 provides for the retention of Reserve Officers who have completed more than 18 years but less than 20 years of service to permit them to qualify for reserve retired pay.
CONCLUSIONS:
1. The Board, concurs with the Transition and Separation Branch that the applicant was improperly separated. He was unjustly deprived of the opportunity to be retained to complete 20 qualifying years of service.
2. Considering the time elapsed since the applicant’s 1994 discharge the Board considers that restoring him to active status to complete 20 qualifying years is not in the interest of justice. The Board notes that he earned 42 points during RYE 1988 and needs an 8 additional points to have 20 qualifying years. Points should be redistributed from another qualifying year so that he may qualify for retired
pay without having to incur additional service. He should be issued a letter of eligibility for pay at age 60. His discharge should be voided and he should be transferred to the Retired Reserve if he so desires.
3. His retirement points can be further adjusted by application to AR-PERSCOM if he can provide the supporting documentation.
4. The applicant is also encouraged to apply for Retired pay prior to correction of his retirement points.
5. In view of the foregoing the applicant’s records should be corrected as recommended below.
RECOMMENDATION:
1. That all of the Department of the Army records related to this case be corrected by:
a. redistributing 8 retirement points from RYE 16 April 1987 to RYE
16 April 1988 making it his qualifying year;
b. issuing him a letter of eligibility to show that he is entitled to Reserve Retired pay at age 60; and
c. amending his discharge orders dated 2 December 1994 to show in effect, that he was transferred to the Retired Reserve as of that date.
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 as soon as possible to facilitate a smooth transition to retired status.
3. That so much of the application as is in excess of the foregoing be denied.
BOARD VOTE:
__FNE __ ___BJE _ __REB__ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
Fred N. Eichorn _
CHAIRPERSON
| CASE ID | AR2001059536 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020418 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | |
| REVIEW AUTHORITY | |
| ISSUES 1. | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2009 | 20090016102
The advisory official stated a review of the applicant's file determined that he completed 19 qualifying years of service as of his RYE 1995. Notwithstanding the recommendation by the advisory official, evidence of record shows that during RYEs 22 June 1987, 22 June 1990, and 22 June 1991, the applicant earned 34, 48, and 47 creditable retirement points, respectively, slightly shy of earning the minimum 50 points necessary to be credited with a qualifying year. As a result, the Board...
ARMY | BCMR | CY2009 | 20090002071
On 18 December 2008, the U. S. Army Human Resources Command - St. Louis informed him he was not eligible for retired pay as he had completed only 19 years, 10 months, and 8 days of qualifying service for retirement and his last 8 years of qualifying service were not in a Reserve Component. This correction of records may have an effect on the applicants SBP status/coverage. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2006 | 20060008542
The applicant requests, in effect, his records be corrected to show he completed 20 qualifying years of service for a non-regular retirement and that he be issued a 20-year letter. His discharge order from AR-PERCEN, St. Louis, shows reason as "Completed 20 or more Years Reserve Duty." In a 6 June 2006 letter from HRC-St. Louis, the applicant was informed that he was never issued a 20-year letter, only an order that incorrectly notified him that he had 20 years of service.
ARMY | BCMR | CY2009 | 20090001532
The applicant requests, in effect, correction to his Chronological Statement of Retirement Points (AHRC Form 249-2-E) to show he completed 21 years and 8 months of qualifying service for retirement. The applicant's Chronological Statement of Retirement Points, dated 11 December 2008, shows he was credited with 19 years, 9 months, and 10 days qualifying years for retirement as of 16 March 1995. The evidence shows the applicant was issued a statement of retirement points, dated 12 September...
ARMY | BCMR | CY2006 | 20060012422
This opinion points out that the applicant completed his 20th qualifying year on 31 May 1991 and that at that time he was a Regular Army officer. Title 10, U.S. Code, section 12731 provides that a non-regular service member is entitled, upon application, to retired pay if the person is at least 60 years of age; had performed at least 20 years of qualifying service the last six years of qualifying service while a member of a Reserve Component, except that in the case of a person who...
ARMY | BCMR | CY2002 | 2002077570C070215
The applicant requests, in effect, that he be extended past his mandatory removal date (MRD) of 7 December 2002 to earn additional qualifying years of service for Reserve retirement. The Army Regulation 135-180 (Army National Guard and Army Reserve-Qualifying Service for Retired Pay Nonregular Service), indicates, in pertinent part, that to be eligible for retired pay, an individual does not need to have a military status at the time of application for retired pay, but must have (1)...
ARMY | BCMR | CY2014 | 20140019581
In effect, he requests correction of his records to show he completed 21 qualifying years of service for non-Regular retirement and entitlement to retired pay at age 60. The applicant states: * he served honorably and faithfully for 21 years and at a minimum, he should receive credit for 20 years of qualifying service * he did not miss any battle assemblies or annual training during his service in the U.S. Army Reserve (USAR) * he would have continued serving to 20 qualifying years to earn...
ARMY | BCMR | CY2011 | 20110006067
The applicant requests, in effect, correction of his record to show he was transferred to the Retired Reserve and entitled to retired pay at age 60. In July 1997, he contacted the 75th Division Headquarters in Houston, TX, He expressed his interest in a vacant CSM position there and he attended drills with the unit in Waco and Houston from 19 July through October 1997. c. On 20 January 1998, he contacted Master Sergeant (MSG) D____, 87th Division Headquarters, in reference to orders he...
ARMY | BCMR | CY2006 | 20060011648
This regulation specifies, in pertinent 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. During his periods of USAR service covering 20 July 1993 through 19 July 1994, the applicant was credited with 38 points (15 membership points, 13 active duty points and...
ARMY | BCMR | CY2010 | 20100019574
The applicant requests correction of his record to show that he qualifies for retired pay. This recommended redistribution of points should show the applicant completed 20 years of qualifying service with the last 6 years served in an RC. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. redistributing 35 points to RYE 16 May 1993, making this RYE a qualifying year for retirement; b. showing the applicant completed 20...