| Mr. Carl W. S. Chun | Director | |
| Ms. Joyce A. Wright | Analyst |
| Mr. Melvin H. Meyer | Chairperson | |
| Mr. Ronald J. Weaver | Member | |
| Mr. Curtis L. Greenway | Member |
2. The applicant requests that he be credited with 3 years of qualifying service for retirement purposes for the period 7 September 1966 to 5 September 1969 and that he be issued a 20-Year Letter.
3. The applicant states, in effect, that he was not credited with 3 years of qualifying service during the period 7 September 1966 to 5 September 1969. He also states that one day of service should be transferred from his Retirement Year Ending (RYE) of 6 September 1968 to his RYE of 5 September 1969, which would give him a good year and issuance of a 20-Year Letter. In support of his application, he submits a copy of his retirement orders, DD 214 (Report of Transfer or Discharge), and a copy of his Chronological Statement of Retirement Points.
4. The applicant’s military records show he enlisted in the Regular Army (RA) on 7 September 1966. He continued to serve until he was honorably released from active duty on 5 September 1969. He was transferred to the US Army Reserve (USAR) where he continued to serve until he was honorably discharged on 6 September 1972.
5. He enlisted on 7 September 1972 in the USAR and continued to serve through a series of continuous reenlistments.
6. He was released from the USAR on 28 January 2002 at his request and was assigned to the Retired Reserve. There is no evidence of record that he was issued a Certificate of Eligibility for Retired Pay at Age 60 (20-Year Letter).
7. The applicant provided a copy of his Chronological Statement of Retirement Points, which shows at the bottom of block 9 (Qualifying for Retirement) that he completed 20 years of qualifying service for retirement purposes as of 16 September 2001. This summary also shows that he was credited with only 364 retirement points for his RYE of 5 September 1969, which appeared as
1 day short of a full year.
8. In the processing of this case, a staff advisory opinion was provided by the
88th Regional Support Team. The opinion recommended that this Board approve the applicant's request for 20 qualifying years of service and that he be granted a 20-Year Letter.
9. The applicant was provided a copy of the favorable opinion for possible comment prior to consideration of his case. The applicant responded within the timeframe allotted and concurred on 16 August 2002.
10. 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.
11. 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 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 qualifying service as a Reserve Component soldier.
12. Army Regulation 135-180 states in paragraph 2-3, that a 20-Year Letter will be issued to the Reserve Component soldier within 1 year after they complete 20 years of qualifying service for retirement. This letter will be issued by the Chief, National Guard Bureau for ARNG soldiers, and the Commander, Army Reserve Personnel Command (AR-PERSCOM) for USAR soldiers. The letter, once issued, may not be withdrawn or revoked.
CONCLUSIONS:
1. It appears that the applicant was under the impression that he completed
20 years of qualifying service which is shown on his summary, dated 1 March 2002 when he requested reassignment orders to the Retired Reserve effective 28 January 2002. However, his RYE of 6 September 1968 is shown one day short of a full year.
2. It would now be in the interest of justice, based on the applicant's long and faithful service, and confusion created by his Chronological Statement of Retirement Points to show that has completed the necessary qualifying service
for retired pay at age 60 and issue him a 20-Year Letter.
3. 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 for the individual concerned be corrected by issuing him a 20-Year Letter certifying eligibility effective 16 September 2001 for non-regular retired benefits at age 60.
BOARD VOTE:
__mm___ __rw___ ___cg___ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
__Melvin H. Meyer____
CHAIRPERSON
| CASE ID | AR2002075043 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030204 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 20020228 |
| DISCHARGE AUTHORITY | AR 140-10 |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | 338/244 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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