| Mr. Carl W. S. Chun | Director | |
| Mr. Nancy L. Amos | Analyst |
| Mr. Raymond J. Wagner | Chairperson | |
| Ms. Linda D. Simmons | Member | |
| Ms. Marla J. Troup | Member |
APPLICANT REQUESTS: That he be granted a nonregular retirement.
APPLICANT STATES: That he completed over 25 years of service for longevity pay of which 21 years, 9 months, and 19 days are qualifying service for retirement. He was recently informed that he was not entitled to retired pay due to the law requiring a reservist to complete the last 8 years of qualifying service in a Reserve component. He would surely have completed this requirement if someone had told him of the requirement when he was able to serve. He provides no supporting evidence.
EVIDENCE OF RECORD: The applicant's military records show:
That he was born on 10 April 1930. After having had prior service in various components of the Armed Forces (and serving in the Regular Army from October 1965 – November 1975), he enlisted in the Army National Guard on 21 August 1976. He transferred to the U. S. Army Reserve sometime during retirement year ending 20 August 1979.
On 1 February 1980, a 5AA Form 333 (Eligibility for Retired Pay Worksheet) was prepared by an unknown agency. The form indicated that a Reservist must have completed a minimum of 20 years of qualifying service and have served the last 8 years of qualifying service as a member of a Reserve component to be eligible for retired pay at age 60.
The applicant separated from the U. S. Army Reserve on 20 April 1980. He reenlisted in the Oklahoma Army National Guard on 1 July 1981. He moved to Louisiana and on 12 December 1982 requested discharge from the Army National Guard as he could no longer attend drills with his Oklahoma unit. Effective 29 March 1983, he was discharged from the Army National Guard and assigned to the U. S. Army Reserve Control Group (Standby). He was discharged from the U. S. Army Reserve on 1 December 1983 apparently by reason of expiration of his term of service.
Around February 1987, the applicant attempted to reenlist in the Army National Guard. After some initial checking, the enlistment sergeant informed him that it looked like he was already retired. The applicant then inquired about his eligibility for retired pay. Retired Activities informed him by letter dated 21 April 1987 that although he was credited with 21 years, 9 months, and 19 days of qualifying service he did not meet the requirement of having served the last 8 years of his qualifying service in a Reserve component.
Army Regulation 135-180 (Qualifying Service for Retired Pay Nonregular Service) implements statutory authorities governing the granting of “retired pay” to soldiers and former Reserve components soldiers.
Title 10, U. S. Code (sections 1331 through 1337 at the time) authorizes retired pay for Reserve component military service. Under this law, a Reserve soldier is entitled to retired pay if the person: (1) is at least 60 years old; (2) has performed a minimum of 20 qualifying years of service; and (3) has performed the last 8 years of qualifying service while a member of a Reserve component.
In the processing of this case, an advisory opinion was obtained from the U. S. Army Reserve Personnel Command, Transition and Separations Branch, Retirements and Annuities Section. That office recommended disapproval of the applicant's request and noted that his request was previously denied in 1987.
A copy of the advisory opinion was provided to the applicant for comment or rebuttal. He responded that he had not received the advisory opinion. The advisory opinion was provided to him again. The applicant failed to respond with the new time frame given.
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. The evidence of record shows it was noted in February 1980 that the applicant needed to serve his last 8 years of qualifying service in a Reserve component prior to being eligible to receive retired pay at age 60. It cannot be determined for certain if he received the document providing this information.
3. The evidence of record shows the applicant attempted in 1987 to reenlist in the Army National Guard. In response to an inquiry from him, he was informed in April 1987 that he had not met the requirement of having served the last 8 years in a Reserve component and so was not eligible to receive retired pay. It appears the applicant made no further attempt to reenlist in the Army National Guard.
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
__rjw___ __lds___ __mjt___ DENY APPLICATION
| CASE ID | AR2003089199 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20031028 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | Mr. Chun |
| ISSUES 1. | 136.04 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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