| Mr. Carl W. S. Chun | Director | |
| Mr. Lee Cates | Analyst |
| Ms. Jennifer L. Prater | Chairperson | |
| Mr. Melvin H. Meyer | Member | |
| Mr. James E. Anderholm | Member |
APPLICANT REQUESTS: That his Regular Army (RA) service from
13 September 1973 to 12 September 1974 be converted to Army National Guard (ARNG) service for ARNG retirement purposes.
APPLICANT STATES: That because of an on the job injury, working civil service at Fort Polk, Louisiana (LA), he was medically separated from the LAARNG with only 1 year needed for retirement. He had over 23 years total service and there is no other reason for him not getting that last year, except for the injury.
In support of his request, he provided copies of his Retirement Points Accounting (RPAS) Capture Worksheet, his ARNG Retirement Points History Statement, two letters of support, a LAARNG Retirement Credits Record, Special Orders Number 15, Vermont ARNG (VTARNG) honorably discharging the applicant and three requests pertaining to military records on the applicant for his service in the LAARNG and the VTARNG.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant served, as follows:
VTARNG: From 17 March 1958 to 20 January 1960 he had 1 qualifying year for retirement benefits at age 60. This includes 5 months and 17 days of Initial Active Duty for Training.
Army Reserve Control Group: From 21 January 1960 to 15 February 1960 (24 days).
RA: From 25 February 1960 to 8 July 1962 he had 2 years, 4 months and 13 days of creditable service.
RA: From 9 July 1962 to 11 July 1968 he had 6 years (-3 days lost time) of creditable service.
During the period 12 July 1968 to 26 November 1968 (4 months and 14 days), he had no military affiliation
RA: From 27 November 1968 to 26 May 1969 he had 6 months of creditable service.
RA: From 27 May 1969 to 25 May 1972 he had 2 years, 11 months and 29 days of creditable service.
RA: From 26 May 1972 to 12 September 1974 he had 2 years, 3 months and 18 days of creditable service.
During the period 13 September 1974 to 9 December 1974 (2 months and 26 days), he had no military affiliation.
LAARNG: From 10 December 1974 to 9 December 1975 he had 1 qualifying year for retirement benefits at age 60.
During the period 10 December 1975 to 4 March 1982 (6 years, 2 months and 25 days), he had no military affiliation.
LAARNG: From 5 March 1982 to 20 November 1988. He had 6 years of creditable service for retirement purposes.
On 20 November 1988, he was honorably discharged from the LAARNG under National Guard Regulation 600-200, paragraph 8-26y, based on being unfit for retention standards. NG Bureau Form 22 (Report of Separation and Record of Service), dated 20 November 1988 indicates he had 14 years, 1 month and 7 days of prior active federal service; 2 years, 10 months and 3 days of prior reserve component service; and 6 years, 8 months and 16 days for his current period of ARNG service.
Army Regulation 135-180 (Army National Guard and Army Reserve - Qualifying Service for Retired Pay Non-regular 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, 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 qualifying service as a Reserve component soldier, reduced to 6-years from 1990 until 31 December 2001.
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. Error or injustice is not readily apparent in this case. With over 23-years of total service and multiple periods of service in the Reserve components, the applicant knew, or should have known, of the service requirements for Reserve retirement at age 60.
2. The Board concludes that the applicant comprehended the option of remaining in the active Reserve to complete 8 years of qualifying service to qualify for Reserve retired pay, and that he understood the requirement. His non-creditable periods show that he was fully capable of attaining the required service, but chose not to do so. The applicant is not entitled to relief in this instance.
3. In addition, as a civil servant assigned to Fort Polk, Louisiana, he has already been compensated for those active service years by an increase in his longevity by the Office of Personnel Management.
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
__JEA__ __JLP___ _MMH___ DENY APPLICATION
| CASE ID | AR2001065610 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20021008 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 136 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2011 | 20110006834
Army Regulation 135-180 (ARNG and Army Reserve Qualifying Service for Retired Pay Nonregular Service) states that a person granted retired pay will receive such pay in the highest grade (temporary or permanent) satisfactorily held by him or her during his or her entire period of service. By law, a person granted retired pay will receive such pay in the highest grade satisfactorily held by him or her during his or her entire period of service. As a result, the Board recommends that all...
ARMY | BCMR | CY2010 | 20100007543
His NGB Form 23, dated 21 October 2009, shows he completed 17 years, 2 months, and 8 days of qualifying service toward nonregular retirement that included the following: * 6 qualifying years from the date of his initial enlistment (25 July 1972) to the date of his first discharge (24 July 1978) * 11 qualifying years from the date of his second enlistment (23 August 1979) to the date he was placed in the ING (31 October 1979) * zero qualifying years from the date he was placed in the ING (1...
ARMY | BCMR | CY2001 | 2001055790C070420
However, records show that he only had 19 years, 4 months, and 24 days qualifying for retired pay at age 60. As a matter of compassion, in recognition of his long and faithful service, and as an exception to policy and regulation, he should be issued an amended retirement point statement showing 20 years qualifying for retirement by redistributing his USAR retirement points from earlier years to make the period 21 November 1981 through 20 November 1982 a good year qualifying for retirement....
ARMY | BCMR | CY2013 | 20130008689
Application for correction of military records (with supporting documents provided, if any). He completed 16 years of service with the Army and the ARNG. The available evidence shows the applicant served in the RA for a total of 8 years, 7 months, and 19 days, with prior ARNG enlisted service.
ARMY | BCMR | CY2009 | 20090012849
This service equals 3 years, 9 months, and 18 days; b. service in the USNR Individual Ready Reserve (IRR) from 31 August 1956 through 17 September 1959 (not qualifying years for retirement); c. active service in the USAF from 19 September 1956 through 15 February 1963 (3 years, 4 months, and 29 days of active duty); d. a break in service from 16 February 1963 through 15 November 1966. (4 years, 5 months, and 5 days); i. USNR service from 14 April 1973 through 1 April 1976 (2 years, 11...
ARMY | BCMR | CY2014 | 20140013665
BOARD DATE: 19 March 2015 DOCKET NUMBER: AR20140013665 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests reconsideration of his previous request for correction of his records to show he completed 20 qualifying years of service for Reserve retired pay and his rank/grade as sergeant first class (SFC)/E-7. The evidence of record confirms the applicant completed 17 years, 2 months, and 7 days of qualifying service for Reserve retired pay and was discharged from the USAR in...
ARMY | BCMR | CY2002 | 2002075779C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. A Qualifying Service for Retired Pay worksheet dated 12 October 1982 prepared by the Louisiana State Adjutant General's Office indicated the applicant had a total of 23 years, 6 months, and 15 days of qualifying service; however, he did not have 8 years of Reserve service since his last Regular Army service and he would not be eligible for retirement until 11 March 1984. ...
ARMY | BCMR | CY2014 | 20140013557
The applicant requests correction of his military records to show he completed 20 qualifying years of service for Reserve (nonregular) retired pay. He was given a retired identification card and the LAARNG said they were transferring his retirement paperwork to the U.S. Army Reserve (USAR) Control Group (Retired) for those not yet age 60. b. The applicant's application for retired pay benefits was denied because he did not complete 20 qualifying years of service.
ARMY | BCMR | CY2014 | 20140012559
The applicant provides: * National Guard Bureau (NGB) Form 23B (Army National Guard (ARNG) Retirement Points History Statement) * Statement of Military Service to Estimated Eligibility for Retired Pay at Age 60 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ending on 1 October 1969 * Letter from the Massachusetts ARNG (MAARNG) Assistant Chief of Staff CONSIDERATION OF EVIDENCE: 1. A document, titled: Statement of Military Service to Estimated Eligibility...
ARMY | BCMR | CY2003 | 2003089159C070403
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. The applicant provides a memorandum ("20-year letter"), dated 14 January 2003, which notified the FSM that he had completed the required 20 years of service and that he would be eligible for retired...