| Mr. Carl W. S. Chun | Director | |
| Mr. Kenneth H. Aucock | Analyst |
| Mr. Raymond Wagner | Chairperson | |
| Mr. Roger Able | Member | |
| Mr. John Denning | Member |
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his records be corrected to show that he earned 50 retirement points for his retirement year beginning on 9 July 1998 and ending on 8 July 1999 in order to be credited with a qualifying year of service for retirement purposes.
2. The applicant states that on 10 March 1999 while assigned to the 172nd Medical Logistics Battalion in Ogden, Utah, he received a direct commission in the Army Reserve. His recruiter informed him that he could not drill with the 172nd until the paperwork was finalized, even though he had the commissioning documentation, and that the paperwork would take from 30 to 60 days; however, the process took four months. He was not allowed to drill until July 1999. Since his retirement year starts and ends in July, he missed annual training and four months of drill, ending his retirement year with only 47 points, 3 short of the 50 required for a good year. He states that a direct commission does not cause a break in his service. His paperwork was backdated to 10 March 1999, when he was assigned to the 172nd; however, he was not allowed to drill. He has letters of support in this matter. It is unfair that he should lose a good retirement year when he served faithfully.
3. The applicant provides a 27 May 2003 statement of support from an Army captain; an 18 July 2003 memorandum from the adjutant of the 650th Area Support Group; a copy of orders dated 27 August 1999 releasing him from the 172nd (apparently as an enlisted Soldier) and assigning him to 172nd as an officer, effective 10 March 1999; a copy of his service history; a copy of a 19 January 2000 printout; a copy of his oath of office; and a copy of a 7 May 2003 letter to him from this agency.
CONSIDERATION OF EVIDENCE:
1. A 28 June 2002 statement of the applicant's retirement points prepared by the Army National Guard shows that the applicant was an enlisted Soldier with the National Guard beginning on 15 March 1990, was assigned to the Army Reserve Control Group (Reinforcement) from 21 December 1990 until 14 March 1998, and had a break in service until 9 July 1998, when he again became an Army National Guard unit member.
2. On 10 March 1999 the applicant was appointed a second lieutenant in the Army Reserve as a Medical Service Corps officer. He signed the oath of office on 10 March 1999.
3. On 27 August 1999 the applicant was assigned to the 172nd as an officer effective 10 March 1999.
4. On 1 December 2000 the applicant was discharged from the Army Reserve because of his commission as an officer in the Air Force.
5. In a 27 May 2003 statement of support an Army Nurse Corps (ANC) officer stated that he assisted the applicant in processing his application packet for appointment, and that he [the ANC officer] and his gaining unit instructed him that he could not drill as an officer until he received his appointment letter and orders, which normally took 45 to 60 days. For some reason it took longer in his case, affecting his eligibility for a good retirement year.
6. In an 18 July 2003 memorandum to this Board, the adjutant of the 650th Area Support Group requested that the applicant's request be granted, stating that he was assigned to the 172nd and was advised to discontinue performing Reserve drills until his direct commission was fully processed, causing him to not attain a good retirement year.
7. A computer printout of the applicant's retirement points shows that he earned a total of 47 points for his retirement year ending on 8 July 1999.
8. In the processing of this case an advisory opinion was obtained from the 70th Regional Support Team. A member of that team stated that without a signed oath of office and leave and earning statements, his points for the year in question could not be tallied.
9. A copy of the opinion was furnished the applicant. In responding, he stated that he had furnished his oath of office and summary of drill points, again enclosed the relevant documents, and would forward leave and earning statements.
10. Army Regulation 140-185 prescribes the types of training and activities for which retirement points are authorized and the procedures for recording retirement point credits and training for Reserve soldiers. After 1 July 1949, the retirement year will be the date of initial entry or reentry (after a break in service) into a Reserve component, or date of transfer to the Reserve component upon release from active duty, or date of transfer from an inactive Reserve status to an active Reserve status. The retirement year once established will not change as long as the soldier has continuous service in a Reserve and/or regular component.
11. Beginning 1 July 1949 the law has required Reserve soldiers to earn a minimum of 50 retirement points each full retirement year in order to have that year credited a qualifying service. For periods less than a full retirement year a proportionate number of points for the fraction of a year must be earned in order to have that period credited as qualifying service.
DISCUSSION AND CONCLUSIONS:
1. The applicant had 47 points for his retirement year ending on 8 July 1999. His contention that he was not allowed to drill until his appointment documentation was received is supported by apparently his nurse recruiter, and by the adjutant of the 650th Area Support Group. The 172nd was a subordinate unit of that command. His contention is accepted; consequently, it would be reasonable to assume that had he been allowed to drill with his Reserve unit he would have attained the necessary 50 points for a qualifying year of service.
2. Although there is no error in the applicant's records, his failure to attain the required points for a qualifying year of service appears to be not his fault. His request is reasonable. As a matter of equity his request should be granted.
Therefore, the applicant's records should be corrected to show that he earned an additional 3 inactive duty point for retirement points only (Code N) for a total of 50 retirement points for his retirement year ending on 8 July 1999, giving him a qualifying year of service for retirement purposes.
BOARD VOTE:
__RW __ __RA ___ __JD ___ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
| CASE ID | AR2003094464 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20040518 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | 108.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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