| Mr. Carl W. S. Chun | Director | |
| Mr. Vic Whitney | Analyst |
| Mr. Raymond V. O’Connor, Jr. | Chairperson | |
| Mr. Robert J. Osborn | Member | |
| Ms. Gail J. Wire | Member |
APPLICANT REQUESTS: In effect, that his records be corrected to show that he completed 20 years of qualifying service for retirement at age 60.
APPLICANT STATES: That his dates of service are incorrect. The military schools he completed are not on his records. He submits copies of several years of Leave and Earnings Statements (LESs), Several NCO Evaluation Reports (NCOERs), information on military schooling completed, and orders for active duty periods in support of his application.
EVIDENCE OF RECORD: The applicant's available military records show:
He served on active duty as a medical specialist from 6 December 1962 through 5 December 1967 and was transferred to the Army Reserve. He was separated from the Army Reserve on 5 December 1968 without earning any additional retirement points sufficient for a qualifying year of service.
After a break in service through 8 January 1978, the applicant reenlisted in the Army Reserve effective 9 January 1978. He continued to serve through a series of reenlistments and was promoted to the pay grade of E-8 effective 12 February 1991. Effective 25 June 1992 he was voluntarily transferred from his Army Reserve unit to the Individual Ready Reserve (IRR). Effective 12 December 1995, the applicant was discharged by reason of the expiration of his term of service. There is no evidence of record that he requested transfer to the Retired Reserve or that he was ever issued a notification of eligibility for retired pay at age 60 (20-Year Letter).
On 28 August 2000, the applicant applied to the Army Reserve Personnel Command (AR-PERSCOM) for retired pay. On 9 April 2002, AR-PERSCOM informed the applicant that his military records showed he had completed only 12 years of qualifying service for retired pay at age 60 and that he must have completed a minimum of 20 qualifying years of service to receive retired pay at age 60.
The applicant responded to AR-PERSCOM with additional records that showed entitlement to additional retirement points and additional qualifying years of service. An additional audit by AR-PERSCOM revealed a possible three additional years of qualifying service for a total of 15 years. Since this was still 5 years short of the required 20 years of qualifying service, his request for retired pay was denied.
A review of the documents provided by the applicant shows that he received Enlisted Evaluation Reports (EERs ) for the period June 1978 through September 1980 as a member of the 307th General Hospital. His Statement of Retirement Points for this period does not reflect points for attendance at unit training and the EERs do not mention how many unit drills he attended.
The applicant also presents orders for active duty for training (ADT) for attendance at a course of instruction from 13 September 1979 through 5 August 1980. His records show that he was released from ADT effective 5 August 1980 and he was credited with course completion of the 47-week course. His Statement of Retirement Points for this period does not reflect points for attendance at this training.
The applicant provided Army pay records that were made available by the Defense Finance and Accounting Service (DFAS). A review of these records shows that the majority of the pay shown was for attendance that has already been credited. There were sufficient pay records to show that he should have been credited with additional points for qualifying years ending on 8 January 1983 and 8 January 1986. These additional points would provide the applicant with a total of 16 to 17 years of qualifying service, still several years short of the 20 qualifying years necessary for retired pay at age 60.
Army Regulation 135-178 provides for the separation of enlisted soldiers. Chapter 11 states that the separation authority, on ETS, will discharge the soldier. It also states that a soldier will not be kept past his ETS without his consent or under other operation of law.
Army Regulation 135-180 provides the policy for the granting of retired pay to soldiers and former Reserve Component soldiers. It states, in pertinent part, that pay is granted after completion of 20 or more years of qualifying service and upon attainment of age 60.
Army Regulation 140-10 sets forth the basic authority for the assignment, attachment, detail, and transfer of USAR soldiers. Chapter 7 of the regulation relates to the removal of soldiers from an active status and states, in pertinent part, that soldiers removed from an active status will be discharged or, if qualified and if they so request, will be transferred to the Retired Reserve.
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. Notwithstanding that the applicant has provided evidence that he should be credited with more than 12 years of qualifying service for retired pay, there is insufficient evidence of record, or provided by the applicant, that he completed or should be credited with 20 years of qualifying service for retired pay at age 60.
2. 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
___rvo___ __rjo___ __gjw___ DENY APPLICATION
| CASE ID | AR2002074870 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030213 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 136.04 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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