| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy L. Amos | Analyst |
| Ms. Gail J. Wire | Chairperson | |
| Ms. Karen A. Heinz | Member | |
| Mr. Robert Duecaster | Member |
APPLICANT REQUESTS: In effect, that he be issued a 20-year letter (notification of eligibility to receive retired pay at age 60).
APPLICANT STATES: That he was unfairly denied retired pay and penalized because he had served as an officer in the Regular Army. Because he had been awarded the Distinguished Military Graduate award upon graduation from the Reserve Officers' Training Program (ROTC), he entered active duty on 18 July 1963 as a U. S. Army Reserve (USAR) second lieutenant with his Regular Army commission pending. He was promoted rapidly as the troop buildup for Vietnam progressed. At his last transfer, he was requested by name by the Commanding General, U. S. Army Computer Systems Command for an assignment. At the same time, the Army Chief of Staff requested him by name for a project at Fort Bragg, NC. He was assigned to Fort Bragg. At that point, the war had ended. The Army was being downsized and even Regular Army officers were being affected. He survived a reduction in force (RIF). When that process did not reduce the officer force enough, the promotion system was used to reduce it further. He was passed over for promotion twice and involuntarily separated.
The applicant states that since he had originally been in the USAR, he elected to rejoin the USAR. When he did so, he lost all his time in grade as a major and had to start all over as if he were a newly-promoted major. In 1998, he received his retirement packet. Although his ARPC Form 249-2-E (Chronological Statement of Retirement Points) indicated that he had only 19.5 years of creditable service, he was told to fill out the forms anyway and, under final audit, he might have the required 20 years credit. In September 1999, he was informed that his final audit showed he did in fact have 20 years of creditable service; however, to be eligible for retirement he must have 8 full years of creditable service in the USAR. In other words, that he must have 23 years of creditable years of service. Nowhere had he ever heard of any situation where 20 years of creditable service did not qualify for retirement. He defies anyone to show him any form that he signed that states he would not be eligible for retirement benefits until he had completed 23 years of service.
EVIDENCE OF RECORD: The applicant's military records show:
He was born on 24 October 1939. He was commissioned in the USAR on 29 May 1963. He entered active duty in the Regular Army on 18 July 1963. He was promoted to major on 25 February 1970.
By letter dated 2 September 1977, the applicant was notified that he had been twice not recommended for promotion and he would be involuntarily discharged no later than 1 March 1978 unless he requested an earlier release date.
By letter dated 30 December 1977, the applicant was appointed a Reserve commissioned officer of the Army. Paragraph 7 of the letter informs the applicant, "Officers must complete 8 years of qualifying Reserve service for retirement purposes under the provisions of sections 1331 - 1337 Title 10, U. S. C. before mandatory removal date."
An undated AGUZ Form 871 (Computation Sheet Basic Date (mandatory removal from active status under ROPA for max authorized years service)) shows the applicant would reach his mandatory removal from active status date on 28 May 1991.
On 24 January 1978, the applicant was discharged from the Regular Army. His ARPC Form 249-2-E shows he entered the USAR the next day. He was promoted to lieutenant colonel on an unknown date.
The applicant's ARPC Form 249-2-E shows that his retirement year ending (RYE) dates 28 May 1980, 28 May 1985, 28 May 1987, 28 May 1988, 28 May 1989, 28 May 1990, and 28 May 1991 were not qualifying years for a Reserve retirement (he earned less than 50 points per year).
Effective 1 November 1991, the applicant was reassigned to the Retired Reserve due to completion of maximum authorized years of service.
Army Regulation 135-180 implements statutory authorities governing the granting of “retired pay” to soldiers and former Reserve components soldiers. In pertinent part, it states that, to be eligible for retired pay, an individual need not have a military status at the time of application but must have attained age 60, completed a minimum of 20 years of qualifying service, and have served the last 8 years of his or her qualifying service as a Reserve component soldier.
Title 10, U. S. Code, at the time sections 1331 - 1337 (currently sections 12731 – 12740), provides that a non-regular service member is entitled, upon application, to retired pay if the person is at least 60 years of age; has performed at least 20 years of qualifying service; and has performed the last 8 years of qualifying service while a member of a Reserve component.
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. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
2. It is a statutory requirement that, in order to be eligible for a Reserve retirement, in addition to completing a minimum of 20 years of qualifying service a member must have served the last 8 years of his or her qualifying service as a Reserve component soldier. The applicant was informed of this statutory requirement on his USAR appointment orders dated 30 December 1977.
3. The applicant was a field grade commissioned officer. It was his responsibility to inform himself what the guidance and requirements for earning a Reserve retirement outlined in paragraph 7 of his appointment orders entailed. The Board therefore concludes that there is no injustice in not granting the applicant the relief requested.
4. 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
__gjw___ __kah___ __rd____ DENY APPLICATION
| CASE ID | AR2003085632 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030731 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | Mr. Chun |
| ISSUES 1. | 136.03 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY1995 | 9509553C070209
APPLICANT REQUESTS: In effect, that he be credited with 20 qualifying years for retirement or that he be allowed to reenter the active reserves so he can complete the necessary 5 years towards retirement. He enlisted in the U.S. Army Reserve on 24 September 1973. When the applicant received his annual statement for retirement year ending 23 September 1974 and saw that he was credited with zero qualifying service for retirement, he had an obligation to himself at that time to query ARPERCEN...
ARMY | BCMR | CY2010 | 20100021915
The applicant requests correction of his record to show he completed 19 years, 4 months and 9 days of military service with 3,031 retirement points; that the remaining 7 months of service be waived; and that he be granted non-regular retirement and retired pay effective 2002 at age 60. The ARPC Form 249-E confirms that during the applicant's military service between 3 September 1959 and 12 December 1995, he completed 15 years and 24 days of qualifying service for retirement and 3,031...
ARMY | BCMR | CY2009 | 20090000936
He further indicated that he had 15 years of qualifying service for non-regular retired pay and elected transfer to the Retired Reserve. This regulation specifies, in pertinent part, that to be eligible for retired pay an individual must have attained the age of 60 and completed a minimum of 20 years of qualifying service and that subsequent to 1 July 1949, qualifying service is granted for each year of service that an individual earns 50 or more retirement points. As a result of the...
ARMY | BCMR | CY1996 | 9608337C070209
PURPOSE: To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file. EVIDENCE OF RECORD: The applicant's military records show: The applicant was inducted on 14 August 1961 and served until 13 August 1962 when he was honorably discharged and transferred to the USAR. The applicant has not presented and the records do not contain sufficient justification to conclude...
ARMY | BCMR | CY2004 | 2004104809C070208
The applicant requests, in effect, that the records of her deceased spouse, a former service member (FSM), be corrected to show he completed 20 qualifying years for a non-regular retirement. The advisory opinion noted that the Retirements and Annuities Section attempted to obtain additional documentation from the Alabama ARNG but, as of 9 April 2004, no additional documentation had been provided, in part, because the retirement section of the Alabama ARNG had been eliminated. ...
ARMY | BCMR | CY2011 | 20110014031
His ARPC Form 249-E, dated 16 June 2011, shows he accrued 2,615 retirement points and completed a total of 17 years, 2 months, and 10 days of qualifying service for non-regular Reserve retirement between 10 March 1967 and 9 November 1994. His records show he completed 17 years, 2 months, and 10 days of qualifying military service for non-regular Reserve retirement. Qualifying service is granted only for each year of service an individual earns 50 or more retirement points.
ARMY | BCMR | CY2010 | 20100021732
An AHRC Form 249-2-E in his Official Military Personnel File (OMPF) shows he accrued 1,511 retirement points and he completed a total of 13 years of qualifying service for non-regular Reserve retirement between 15 June 1970 and 4 September 2001. By law and regulation, in order to be eligible for non-regular Reserve retirement and retired pay at age 60, a member must complete a minimum of 20 years of qualifying service and that qualifying service is granted only for each year of service an...
ARMY | BCMR | CY2006 | 20060005641C070205
The applicant requests, in effect, correction of his records to show he completed 20 years of qualifying service for retired pay at age 60 and receipt of his notification of eligibility for retired pay at age 60 (20- Year Letter). He also states that he does not see how he could be in the Reserves the last eight years because he was on active duty his last 16 years of service and was given a disability discharge at that time. By law to qualify for a Reserve retirement, the applicant was...
ARMY | BCMR | CY2011 | 20110005439
The applicant requests correction of his record to reflect 20 years of qualifying service for non-regular Reserve retirement. The applicant states he served for 20 years of continuous service and he earned 50 points in each of those years. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. redistributing 35 of the 85 retirement points he earned during RYE 30 June 1985 to RYE 30 June 1986, thereby giving him the one...
ARMY | BCMR | CY2007 | 20070005375
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 (a) attained age 60; (b) completed a minimum of 20 years of qualifying service; and, (c) served the last 8-years of his or her qualifying service as a Reserve Component (RC) Soldier. Under this law,...