| Mr. Carl W. S. Chun | Director | |
| Mr. Joseph A. Adriance | Analyst |
| Ms. Joann H. Langston | Chairperson | ||
| Mr. Lester Echols | Member | ||
| Mr. Robert J. Osborn | Member |
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
5. The record confirms that the applicant continued to serve in various active USAR statuses until being honorably discharged on 1 January 1993. During this period, the applicant completed an 11 month and 11 day period of active duty service from 20 September 1990 through 30 August 1991.
6. The applicant’s Military Personnel Records Jacket (MPRJ) contains a copy of a Notification of Eligibility for Retired Pay at Age 60 (Twenty Year Letter),
dated 31 August 1992, issued by the Army Reserve Personnel Command (ARPERSCOM), St Louis, Missouri. This letter informed the applicant that based on his having completed the required years of service, he would be eligible for retired pay on application at age 60.
7. The MPRJ also contains a copy of Orders Number 064-086, dated
30 December 1992, issued by the United States Army Reserve Command,
Fort McPherson, Georgia, which directed the applicant’s honorable discharge from an active USAR status on 1 January 1993.
8. The last Reserve Points Accounting System (RPAS) statement of service on file covers the period from 14 January 1969 through 13 January 1996. This document shows that the applicant completed a total of 22 years of qualifying service for Reserve retirement purposes. It also confirms that the applicant earned 15 membership points per year for the period 14 January 1993 through 13 January 1996.
9. Army Regulation 135-180 implements statutory authorities governing the granting of "retired pay" to soldiers and former Reserve components soldiers. Paragraph 2-8 contains guidance on service creditable for retirement purposes. It states, in pertinent part, that a Reservist must earn a minimum of 50 retirement points each retirement year to have that year credited as qualifying service. Only soldiers assigned to an active status in a Reserve Component or individuals inactive Federal service are authorized to earn retirement point credits.
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 USAR soldiers. Paragraph 2-2 outlines the criteria for earning retirement points. It states, in pertinent part, that retirement points may be earned by USAR soldiers for active duty (AD), or while in an active Reserve status, for active duty for training (ADT), initial active duty for training (IADT), involuntary active duty for training (involuntary ADT), annual training (AT), inactive duty training (IDT), and Reserve membership.
DISCUSSION AND CONCLUSIONS:
1. The applicant’s claim that he should have received retirement points for service in the IRR from 1993 through 2003 was carefully considered. However, there is insufficient evidence to support this assertion.
2. The evidence of record confirms that the applicant was honorably discharged from an active USAR status on 1 January 1993. The last RPAS service summary on file also shows that he earned only 15 membership points per year for the period 14 January 1993 through 13 January 1996. By regulation,
50 points per year is required to earn a qualifying year for Reserve retirement purposes. As a result, the applicant is not entitled to qualifying service for retirement purposes for this period.
3. The evidence of record also confirms that the applicant completed 22 years of qualifying years of service for Reserve retirement purposes. As a result, he is eligible to receive retired pay at age 60 upon application. Thus, there is insufficient evidence to show any error or injustice related to the applicant’s retirement eligibility or the service upon which it is based.
4. 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.
5. The evidence of record shows that the applicant should have discovered the alleged error or injustice now under consideration at the time of his discharge from the USAR on 1 January 1993. Therefore, the time for him to file a request for correction of any error or injustice expired on 31 December 1996. However, he did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to file in this case.
BOARD VOTE:
________ ________ ________ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
__RJO__ __LE___ __JHL __ DENY APPLICATION
| CASE ID | AR2003089368 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2004/02/12 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 1993/01/01 |
| DISCHARGE AUTHORITY | AR 135-178 |
| DISCHARGE REASON | ETS |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 332 | 135.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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