MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 2 October 2001
         DOCKET NUMBER: AR2001061798

         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. Joseph A. Adriance		Analyst

The following members, a quorum, were present:

Ms. Margaret K. Patterson		Chairperson
Ms. Karol A. Kennedy		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)

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APPLICANT REQUESTS: In effect, that he be provided a pension based on his over more than 20 years of service with the Federal government.

APPLICANT STATES: In effect, that he is over 83 years old and a veteran of over 20 years of Federal service. He claims that despite an exemplary record of service he been unsuccessful in his 15 year fight to get a pension. He claims he recently underwent heart surgery and has no income other than Social Security and is forced to rely on military friends who are aware of his dire situation to provide help. He indicates that he should be entitled to a pension based on his World War II, Vietnam, and Berlin service. He claims that after he retired from a Reserve status he was called upon to render unpaid active service in Vietnam and Czechoslovakia of a highly classified nature. He indicates that it was possible this was overlooked due to his having spent so many years overseas working for the government and other U.S. companies and can only now give his claims his full attention. He also indicates that he listed time he spent in the Reserve Officer Training Corps (ROTC) while attending college from 1936 to 1939 as Federal service which it was at the time. He claims that between the ages of 16 and 48 he worked in some government capacity with the exception of a 4 year period directly after World War II.

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

On 29 January 1940, the applicant was commissioned a second lieutenant (2LT) in the Officer Reserve Corps. On 19 July 1941, he entered active duty in the Army of the United States (AUS) and served in that status for 4 years, 9 months, and 2 days until 20 March 1946 when he was honorably released from active duty (REFRAD).

Subsequent to his 20 March 1946 REFRAD, the applicant served in various Reserve officer capacities and advanced to the rank of lieutenant colonel prior to transferring to the Retired Reserve.

On 15 March 1963, the applicant completed an option form in which he elected to be transferred to the Retired Reserve. On 21 May 1962, Special Orders Number 83 was published by Headquarters, Department of the Army (DA), Office of the Adjutant General, United States Army Records Center, St. Louis, Missouri, which directed the applicant’s assignment to the United States Army Reserve (USAR) Control Group (Retired), effective 21 May 1963. On 24 May 1963, the applicant was notified in a letter from his unit that in accordance with his election, he had been transferred to the Retired Reserve.

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On 10 May 1966, the commander of the United States Army Administration Center (USAAC), St. Louis, Missouri replied to an inquiry from the applicant in regard to his Reserve status and his receiving an identification card. The applicant was advised that a USAAC Form 249 (Statement of Service) was enclosed that confirmed that he had accrued a total of 15 years, 5 months, and
2 days of qualifying Federal service creditable toward retirement at age 60. This qualifying service accounted for all the creditable service he had earned between the date he was commissioned, 29 January 1940, and the date he was transferred to the Retired Reserve, 21 May 1963.

In addition, the commander USAAC informed the applicant that Army retired personnel privileges such as commissary privileges were not granted to Retired Reservists until they became eligible to receive retired pay. Further, that a Retired Reservist becomes eligible for retired pay at age 60, provided they have completed the 20 years of qualifying service necessary to receive retired pay.

The USAAC Form 249 that was enclosed with the correspondence from the USAAC commander confirmed that the applicant had not accrued the necessary 20 years of qualifying service for retired pay. Further, the record contains no indication that the applicant performed any creditable qualifying military service subsequent to his 21 May 1963 transfer to the Retired Reserve.

Department of Defense (DoD) Financial Regulation, Volume 7B, prescribes the policy and procedure for awarding military retired pay. Paragraph 010108 provides guidance on non-regular age and service retirement and it states, in pertinent part, that creditable service for retirement includes years of service performed before 1 July 1949 in the uniformed services or Federally recognized National Guard and after 1 July 1949 for each one year period in which a member earned at least 50 days on the designated point basis.

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. The Board notes the applicant’s contention that he should receive a pension because with the exception of four years he worked for the government from the ages of 16 to 48. However, after carefully examining the evidence of record and the independent evidence provided by the applicant, the Board finds an insufficient evidentiary basis to support this claim. While the Board wishes to thank and congratulate the applicant on his exemplary record of service, it is compelled to deny the requested relief.

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2. The evidence of record clearly establishes that the applicant’s military service spanned a period from 1940 through 1963; however, it also verifies that during that period he did not accrue the qualifying years of creditable military service necessary to be eligible for military retired pay.

3. By law and regulation, in order for a member to receive non-regular retired pay at age 60 they must complete 20 years of creditable qualifying service for retired pay. The record shows the applicant only completed 15 years, 5 months, and 2 days of creditable qualifying service as of the date he was transferred to the Retired Reserve, which was accomplished at his own request. Further, there is no evidence of record that suggests he subsequently served in a status that would have resulted in his receiving the additional qualifying service necessary to qualify for retired pay.

4. It appears that the applicant may be under the impression that the civilian Federal service he performed should be credited as qualifying service for military retired pay, however, this is not the case. With rare exception, civilian Federal service does not count as qualifying service for military retired pay. Conversely, while it is not within the purview of this Board, there are cases when military service may be creditable for some Federal civilian retirement programs. If the applicant believes this is the case, he may wish to contact the Office of Personnel Management (OPM), Washington D.C. to determine if he is eligible for Federal civilian retired pay or if there are any other avenues of redress in regard to this particular issue.

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

__MKP___ __KAK__ __RTD__ DENY APPLICATION

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

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INDEX

CASE ID	AR2001057202
SUFFIX
RECON
DATE BOARDED	2001/10/02
TYPE OF DISCHARGE	N/A
DATE OF DISCHARGE	N/A
DISCHARGE AUTHORITY	N/A
DISCHARGE REASON	N/A
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	136.0400
2.
3.
4.
5.
6.