| Mr. Carl W. S. Chun | Director | |
| Mr. Paul A. Petty | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. Donald P. Hupman | Member | |
| Mr. Thomas B. Redfern | Member |
2. The applicant requests, in effect, non-regular retired pay benefits at age 60.
3. The applicant states, in effect, that he has 23 years qualifying for retired pay at age 60. From the time that he entered the U. S. Army Reserve (USAR) from the Regular Army, through his transfer to the Retired Reserve, he was only aware of the requirement to obtain 20 or more years of qualifying service in order to receive retirement benefits as it stated in paragraph 2 on the reverse side of the USAR DARP Form 249 (Chronological Statement of Retirement Points) and paragraph 3 of the USAR DARP Form 788 (Memorandum for notification of Attainment of Maximum Service). He was never informed of a requirement for the last 8 qualifying years having to be in the USAR. For the 12 years he was in the USAR Individual Ready Reserve (IRR), the last 10 years of which as a Individual Mobilization Augmentee (IMA) assigned as the Mobilization Plans Officer at Fort Ord, California, he averaged more than 52 points per year.
4. The applicant’s military records show that he was commissioned from the Reserve Officer Training Corps as a second lieutenant in the USAR on 8 June 1962, and then in the Regular Army on 17 July 1962. He served in the Regular Army from 17 July 1962 through 1 March 1978, having been promoted to the rank of major on 20 May 1969. His initial branch assignment was to the Infantry and then he was assigned to the Armor branch for the remainder of his service. He completed airborne training, special forces training, officer basic and advanced courses, S1 Adjutant Course, and the Command and General Staff Officer Course. He served two tours in Vietnam (66-67 and 70-71), one in Germany, and one in Alaska. He was awarded the Bronze Star Medal with oak leaf cluster, Air Medal, Meritorious Service Medal, Army Commendation Medal, Meritorious Unit Citation, Presidential Unit Citation, Vietnam Cross of Gallantry with Palm Unit Citation, Vietnam Campaign Medal, Vietnam Service Medal with
4 bronze service stars, Parachutist Badge, Combat Infantryman Badge, Expert Infantryman Badge, and the National Defense Service Medal.
5. On 1 March 1978, the applicant was honorably discharged from the Regular Army by reason of failure of selection for permanent promotion. He had
15 years, 7 months, and 14 days active service. On 2 March 1978, he was commissioned as a major in the USAR and assigned to the IRR. On 1 June 1981, he was assigned in a IMA position. Between 8 June 1978 and 7 June 1983, he attended annual training each year, completed correspondence courses, and participated in individual training assemblies earning between
41 and 45 retirement points each year but did not earn the 50 retirement points each year necessary for the years to qualify for retirement eligibility. Between
8 June 1983 and 7 June 1990, he continued to participate in annual training and
individual training assemblies, earning 50 to 94 retirement points each year, resulting in 7 continuous years service qualifying for retired pay eligibility. With his active duty, he had 23 years service qualifying for retired pay at age 60.
On 1 March 1985, he had been promoted to lieutenant colonel, USAR. On
1 October 1990, he was transferred to the Retired Reserve by reason of having completed his maximum authorized years of service. He was awarded a retirement Meritorious Service Medal by the Chief, Army Reserve, for outstanding meritorious service, distinguished military career, dedicated service, and significant contributions in the USAR for the prior 10 years. On 26 October 1999, he completed 37 years, 7 months, and 7 days total service longevity for pay purposes.
6. His 60th birthday being on 15 January 2000, he applied in 1999 to receive retired pay at age 60. The Transition and Separation Branch, U. S. Army Reserve Personnel Command, responded with a letter dated 26 October 1999, informing the applicant that he did not qualify for retired pay since his last
8 qualifying years were not in a Reserve Component as required by law. The letter informed him that his only recourse was to apply to this Board for relief.
CONCLUSIONS:
1. In view of his long, faithful, and dedicated career of over 37 years continuous service with 23 years service qualifying for retired pay at age 60, as a matter of justice and fairness, 5 retirement points should be redistributed and added to the 45 retirement points in retirement year 8 June 1982 through 7 June 1983, to make that year a good year qualifying for retired pay at age 60. This will make his last 8 years in the Reserve Component qualifying years for retirement pay eligibility and will qualify him for retired pay at age 60.
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. redistributing 5 retirement points and adding them to the 45 points in retirement year 8 June 1982 through 7 June 1983, to make that year a good year qualifying for retirement, making his last 8 years in the Reserve Component qualifying for retirement, and qualifying him for retired pay at age 60;
b. providing him retired pay effective the approval date of this Board; and
c. providing him counseling and opportunity to make an appropriate election concerning the Survivor Benefit Program (SBP).
BOARD VOTE:
__fe___ ___dh__ ___tr___ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
____Fred N. Eichorn___
CHAIRPERSON
| CASE ID | AR2001064834 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020305 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | 136 - Retirement |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY1997 | 9710990
The applicant continued to make attempts to earn retirement points, such as by completing the Combined Armed and Services Staff School course, after he was discharged. 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. a. by correcting his DARP Form 249 for retirement year ending 29 January 1981 to show he earned 91 total points (48 inactive duty, 13 extension course, 15 membership and 15 active duty...
ARMY | BCMR | CY2005 | 20050018132C070206
However, the applicant's records show he did not complete the last 8 years of qualifying service while a member in an authorized Service, as specified in Title 10, USC, 12732. The evidence of record shows that at the time the applicant received orders transferring him to the USAR Control Group (Retired) he had completed 20 years of qualifying service and was 45 years old. However, the applicant's last 7 years of USAR service were non-qualifying.
ARMY | BCMR | CY2009 | 20090011439
On 9 January 2006 and 1 May 2009, the Chief, Transition and Separations, Branch, USAHRC-STL, advised the applicant that an audit of his military records showed he completed 19 years, 11 months, and 2 days of qualifying service for retired pay. 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...
ARMY | BCMR | CY2003 | 2003086187C070212
The applicant requests, in effect, that he be credited with 20 qualifying years of service for a nonregular retirement and issued a notification of eligibility for retired pay at age 60 (a 20-year letter). He enlisted in the U. S. Army Reserve (USAR) on 15 June 1977. 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.
ARMY | BCMR | CY2003 | 2003087430C070212
The applicant requests, in effect, that the records of her deceased spouse, a former service member (FSM), be corrected to show he completed 20 qualifying years of service for a non-Regular retirement and that she be entitled to receive a Reserve Component Survivor Benefit Plan (RCSBP) annuity. Therefore, the Board concludes that it would be equitable to correct his records to show he completed a full 20 qualifying years for retired pay. a. redistributing the FSM's excess retirement points...
ARMY | BCMR | CY2001 | 2001063084C070421
The applicant had only the last seven qualifying years in a Reserve Component. 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 need not have a military status at the time of application for retired pay, but must have (1) attained age 60; (2) completed a minimum of 20 years of qualifying service; and, (3) served the last 8-years of his or her...
ARMY | BCMR | CY2002 | 2002077994C070215
The applicant requests, in effect, that the military records of her deceased spouse, a former service member (FSM), be corrected to show that he was eligible for retirement and retired pay at age 60, and that she be paid a Reserve Component Survivor Benefit Plan (RCSBP) annuity. The applicant’s counsel states, in effect, that this application is based on three legs. Since the deceased FSM had less than a month to qualify for retired pay, and his command requested a 20 year letter be issued...
ARMY | BCMR | CY2014 | 20140020049
The applicant states, in effect, he terminated his service with the U.S. Army Reserve (USAR) because his new first sergeant was out to replace him with a friend. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. A qualifying year is determined to be a year in which a minimum of 50 retirement points have been credited for a Reserve member.
ARMY | BCMR | CY2002 | 2002077639C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. A reserve soldier must earn a minimum of 50 retirement points each retirement year to have that year credited as qualifying service. After 1 July 1949, the retirement year (RY) will be the date of initial entry or reentry (after a break in service) into a Reserve component, or date of transfer to the Reserve component upon release from active duty, or date of transfer...
ARMY | BCMR | CY2014 | 20140017659
A qualifying year of service for non-Regular retired pay is a full retirement year during which a Regular or Reserve member is credited with a minimum of 50 points. However, beginning on 20 April 1981 and all the way through 1 March 1997 when he was transferred to the Retired Reserve, the applicant consistently earned above 50 qualifying points toward non-regular retirement each year. As a result, the Board recommends that all Department of the Army records of the individual concerned be...