PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 13 June 2002
         DOCKET NUMBER: AR2002070264


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mr. Paul A. Petty		Analyst

The following members, a quorum, were present:

Ms. Celia L. Adolphi		Chairperson
Mr. Donald P. Hupman		Member
Ms. Barbara J. Ellis		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests, in effect, reconsideration of his earlier request that he be granted non-regular retirement pay at age 60.

3. The applicant states, in effect, that he understood that he had completed the 20 years service required for retired pay at age 60 but when he applied for retired pay just prior to age 60, he was informed that he only had 19 years, 5 months, and 25 days qualifying for retired pay at age 60. As a matter of compassion, he requests adjustment of his 19 plus years of faithful service to qualify him for retired pay at age 60.

4. The applicant’s military records show that he was enlisted in the Regular Army from 30 July 1957 through 14 April 1966, with a one month break in service in 1960. On 15 April 1966, he was commissioned as an artillery officer in the
U. S. Army Reserve (USAR) and called on active duty. He served two tours in Vietnam where he was awarded the Soldier's Medal for heroism, risking his life to save other soldiers from a burning tank, on 2 January 1967; the Air Medal, and the Air Medal with V device for heroism under fire on 2 October 1968. He participated in 4 campaigns. He was also awarded the Meritorious Unit Commendation; the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation; and Republic of Vietnam Gallantry Cross with Palm Unit Citation. He was released from active duty as a captain on 24 August 1972, as a result of an Army reduction in strength, and transferred to the USAR Control Group with a total of 14 years, 11 months, and 27 days active service. He was assigned to a USAR Troop Program Unit (TPU) on 1 October 1980, where he completed 3 years qualifying for retired pay at age 60.

5. In November 1988, as a major in the IRR, he was notified that he had been twice nonselected for promotion to the next higher grade and was subject to separation or transfer to the Retired Reserve. Since, he had completed 18 years creditable service for retired pay at age 60, he requested retention to complete
20 years qualifying for retired pay at age 60. On 21 April 1989, the U. S. Army Reserve Personnel Center (ARPERCEN) approved his request for retention until 9 January 1992, or until he completed 20 qualifying years, which ever occurred first. The ARPERCEN also notified him that he had 18 years, 11 months, and
21 days qualifying for retired pay at age 60 as of 30 October 1988. The applicant would turn age 60 on 18 May 1999.

6. On 10 March 1990, he enrolled in the Military Personnel Officer Course correspondence course. During the retirement year 31 October 1990 through
30 October 1991, he completed 88 correspondence course credit hours for
29 extension course retirement points (1 retirement point is awarded for each
3 credit hours). He also earned 1 inactive duty for training retirement point and 15 membership retirement points for a total of 45 retirement points for that


retirement year. A total of 50 retirement points must be earned in a retirement year for the year to qualify for retirement at age 60. This retirement year was
short 5 retirement points of qualifying as a year for retirement pay credit.

7. During the partial retirement year 31 October 1991 through 9 January 1992, a period of 2 months and 10 days, when he was transferred to the Retired Reserve according to his retention granted, he earned 61 retirement points for completion of 183 correspondence course credit hours. He also earned 3 membership points for this period for a total of 64 points earned. However, only a maximum of 60 points may be retained for any retirement year, not on active duty, for retirement point credit. For a period of 2 months and 10 days (71 days), he was only required to have 10 retirement points for the period to be counted as 2 months and 10 days qualifying for retired pay at age 60. In this partial year, he had 54 more points than were required for the period to qualify for retirement pay credit.

8. On 4 May 1992, the U. S. Army Reserve Personnel Command
(AR-PERSCOM) transferred the applicant to the Retired Reserve, effective
9 January 1992.

9. He completed the courses required for the Military Personnel Officer Course and was awarded a diploma on 25 October 1992. By 30 October 1992, he was credited with earning a total of 199 correspondence credit hours from 31 October 1991 through 30 October 1992, although he was only given 61 retirement points for the 183 credit hours he had completed before 9 January 1992.

10. In about 1999, he applied for retired pay at age 60. On 29 March 1999, the U. S. Army Reserve Personnel Command (AR-PERSCOM) responded that he did not qualify for retired pay since he only had 19 years, 5 months, and 25 days qualifying for retired pay. On 12 April 1999, he applied to the Army Board for Correction of Military Records (ABCMR) for relief. In obtaining an advisory opinion from AR-PERSCOM, his qualifying years were corrected to 19 years,
2 months, and 1 day. On 15 March 2000, the Board denied his request since he did not have 20 qualifying years.

11. Army Regulation (AR) 135-180 (Qualifying Service for Retired Pay Non-regular Service) states, in pertinent part, to be eligible for retired pay an individual must have attained age 60, completed a minimum of 20 years of qualifying service, and served the last 8 years of his or her qualifying service as a Reserve Component soldier. A Reservist must earn a minimum of 50 retirement points each retirement year to have that year credited as qualifying service for retired pay at age 60. For a period of less than a full retirement year, a minimum number of points must be earned as specified in the table in
appendix B, AR 140-185.

CONCLUSIONS:

1. The applicant served faithfully for 19 years, 2 months, and 1 day, and on more than one occasion, put his life on the line in the service of his country. However, in the last full year prior to transfer to the Retired Reserve, he was short only
5 points to have 50 points to qualify the year as a year good for retirement at
age 60. In the last partial year, he earned 54 points in excess of the required
10 points for that 2 months and 10 days to qualify for retired pay. By transferring 5 of these excess points (extension course points) to the prior year, he would have 50 points for that year, it would then be 1 year qualifying for retired pay, and he would have a total of 20 years, 2 months, and 1 day qualifying for retired pay at age 60.

2. According to regulation, in order to qualify for non-regular retired pay at
age 60, the last 8 qualifying years must be in a Reserve Component. With the adjustment in paragraph 1 above, the applicant only has the last 4 years,
2 months, and 10 days as qualifying service in a Reserve Component. The preceding years were as a USAR officer on active duty from which he was involuntarily released as a result of a reduction in force.

3. As a matter of compassion in recognition of his long and faithful service, and as an exception to policy, his retirement points should be adjusted as stated in paragraph 1 above to 20 years, 2 months, and 1 day; the record should also show that he served his last 8 years in a Reserve Component; and he should be granted retired pay at age 60.

4. 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, as an exception to policy, by:

         a. moving 5 extension course retirement points from the retirement period 31 October 1991 through 9 January 1992, to the retirement year 31 October 1990 through 30 October 1991;

         b. showing that the retirement year 31 October 1990 through 20 October 1991 qualifies for retired pay with 50 points;

         c. showing that the he has 20 years, 2 months, and 1 day qualifying for retired pay at age 60;


         d. showing that his last 8 years were service in a Reserve Component;

         e. showing that he his qualified for retired pay at age 60 and providing such effective the date of these proceedings; and

         f. providing counseling and giving an opportunity to make an appropriate election concerning the Survivor Benefit Program (SBP).

BOARD VOTE:

__ca___ ___dh___ ___be__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Celia L. Adolphi___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002070264
SUFFIX
RECON	20000315
DATE BOARDED	20020613
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	136.04 – USAR Age 60
2.	135 – Reserve Service Credit
3.
4.
5.
6.