| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Ms. Margaret K. Patterson | Chairperson | |
| Ms. Karol A. Kennedy | Member | |
| Mr. Richard T. Dunbar | Member |
APPLICANT REQUESTS: That his last year in the U. S. Army Reserve (USAR) be corrected to reflect a “good” year.
APPLICANT STATES: That his records show he was credited with 10 months and 23 days for his last year. He told his administration noncommissioned officer that he wanted to retire on his expiration term of service (ETS), which was 20 July 1999, but she put him in for 12 July 1999, which was his last drill date. She also told him that he would have a good year because he had over 70 points. He provides no supporting evidence.
EVIDENCE OF RECORD: The applicant's military records show:
After having had prior active duty in the U. S. Coast Guard, he enlisted in the USAR on 20 August 1981. He last reenlisted in the USAR on 22 July 1993 for 6 years.
Orders 211-3, Headquarters, 85th Division dated 30 July 1999 show that the applicant was transferred to the Retired Reserve effective 12 July 1999 at his voluntary request. The Request for Reserve Component Assignment or Attachment, DA Form 4651-R, is not available. As of 12 July 1999, the applicant had 21 years, 10 months, and 23 days of qualifying service for a nonregular retirement.
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.
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:
1. 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.
2. The applicant was informed correctly – he did have a “good” year for retirement as retirement year ending date (RYE) 12 July 1999. The fact that he did not end his service with a full qualifying year is not unusual. Most members do not end their service exactly on their RYE date and so do not end their service with a full qualifying year. The applicant would not have done so even if he had been transferred to the Retired Reserve on his ETS of 21 July 1999. However, he still qualifies for a nonregular retirement with over 20 qualifying years and the 10 months and 23 days will be creditable in the calculation of his retired pay.
3. The DA Form 4651-R is not available and the applicant does not provide it so the Board cannot determine what release date was on the form when he signed it. In the absence of evidence to the contrary, the Board presumes that he was separated on the date he officially requested.
4. 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
__mkp___ __kak___ __rtd___ DENY APPLICATION
| CASE ID | AR2001060869 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20011002 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 135.01 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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