| Mr. Carl W. S. Chun | Director | |
| Ms. Joyce A. Wright | Analyst |
| Mr. Thomas B. Redfern | Chairperson | |
| Mr. John T. Meixell | Member | |
| Ms. Linda D. Simmons | Member |
2. The applicant requests consolidation of his retirement points and that he be transferred to the Retired Reserve.
3. The applicant states he was discharged from the US Army Reserve (USAR) and was not provided the opportunity to transfer to the Retired Reserve. He relocated twice during 1997 and the information was probably forwarded, but undelivered. The Army Reserve Personnel Center (ARPERCEN), now known as the Army Reserve Personnel Command (AR-PERSCOM), informed him that he would not be discharged. In support of his application, he submits copies of his: DD Form 214 (Report of Transfer or Discharge); National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service); Army National Guard (ARNG) Retirement Points History Statement, dated 19 April 1994; 20-Year Letter; and a copy of his separation orders.
4. The applicant’s military records show he enlisted in the New Jersey Army National Guard (NJARNG) on 28 July 1971. He continued to serve through a series of continuous reenlistments.
5. He was promoted to SFC/E-7 effective 31 December 1985 with a date of rank of 31 December 1985.
6. On 16 January 1992, the State of NJ, Department of Military and Veterans Affairs notified the applicant that he had completed the required years of service to be eligible for retired pay upon applicant’s age at 60 (20-Year Letter).
7. On 27 July 1994, the applicant was honorably discharged from the NJARNG and was transferred to the USAR Control Group (Reinforcement) in the pay grade of E-7 to complete his remaining 3 years service obligation.
8. On 29 July 1997, the applicant was honorably discharged from the USAR Control Group (Reinforcement).
9. The applicant's ARNG Retirement Points History Statement, dated 19 April 1994, shows that he had completed 22 years of qualifying service for retirement purposes.
10. An advisory opinion was provided by the NCOIC, of the 77th Regional Support Team, AR-PERSCOM, dated 17 December 2002. The opinion stated that the applicant's retirement points should be updated. The applicant was transferred to the Individual Ready Reserve (IRR) prior to his discharge. It also opined that the applicant should be given the opportunity to transfer to the Retired Reserve. AR-PERSCOM, then ARPERCEN, was in the process of reorganization during the time frame of the applicant's transfer to the IRR. This incident could have created a situation whereas the applicant was not afforded the proper opportunity to elect transfer to the Retired Reserve or discharge.
11. On 23 April 2003, an updated ARNG Retirement Points History Statement was provided by the NJARNG that shows that his retirement points had been consolidated and that he completed 23 years of qualifying service for retirement purposes.
12. National Guard Regulation 600-200 establishes standards, policies, and procedures for the management of ARNG enlisted soldiers. Chapter 8, paragraph 27(g) pertains to request of the soldier not to be discharged from the Reserve of the Army status in order to become a member of the Army Reserve.
13. Army Regulation 140-10, in effect at the time, set 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.
14. The 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 (RC) soldier. The requirement to serve the last 8-years in a RC
has since been amended to the last 6-years.
15. Sections 12731 through 12739 of Title 10, United States (US) Code, authorize retired pay for Reserve Component military service. 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. After 1 July 1949, a qualifying year is one in which a Reserve soldier earned 50 retirement points or more.
16. 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.
CONCLUSIONS:
1. In the absence of evidence to the contrary, it must be presumed that the
applicant’s discharge was accomplished in accordance with law and regulations applicable at the time.
2. However, it is apparent that the applicant was qualified for transfer to the Retired Reserve as indicated by the issuance of a 20-Year Letter. It appears that, had the applicant been given the opportunity to transfer to the Retired Reserve during the process of reorganization of ARPERCEN to AR-PERSCOM, he would have elected to do so.
3. Inasmuch as the applicant meets eligibility requirements for assignment to the Retired Reserve, it would be equitable and just to correct his military records by revoking his discharge of 29 July 1997, and assigning him to the Retired Reserve effective the same date.
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 for the individual concerned be corrected:
a. by revoking the 29 July 1997 discharge from the USAR; and
b. by showing that he was transferred to the Retired Reserve effective
29 July 1997.
BOARD VOTE:
___tr___ __jm____ __ls____ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
___Thomas B. Redfern__
CHAIRPERSON
| CASE ID | AR2002078724 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030501 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 19970729 |
| DISCHARGE AUTHORITY | AR .140-10 |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | 334 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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