| Mr. Carl W. S. Chun | Director | |
| Mr. Joseph A. Adriance | Analyst |
| Mr. Samuel A. Crumpler | Chairperson | ||
| Mr. Curtis L. Greenway | Member | ||
| Ms. Regan K. Smith | Member |
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
4. A DA Form 1506 prepared on 8 July 2002, by Army Reserve Personnel Command (ARPERSCOM) officials shows that the applicant completed a total of 11 years, 2 months, and 13 days of active military service and 18 years,
5 months, and 1 day of military service.
5. On 16 August 2002, the applicant was discharged under the provisions of paragraph 19-12, Army Regulation 635-200, by reason of non-retention on active duty. At the time of his discharge, he held the rank of sergeant and he had completed 7 years, 4 months, and 8 days on his current period of active duty service.
6. The Retirement Points Accounting System (RPAS) statement of service prepared by ARPERSCOM was last updated on 1 October 2002. This document covers all the applicant’s military service from 16 March 1984 through 29 August 2002. It confirms that during his entire period of military service, he completed 16 years of creditable service for Reserve retirement.
7. Army Regulation 635-200 contains the policy for the separation of enlisted personnel. Chapter 19 contains the policy on the QMP process. Section IV contains separation provisions. Paragraph 19-12 states, in pertinent part, that soldiers whose QMP appeals are denied, will be involuntarily discharged. Such discharge will occur 90 days after the soldier receives pre-separation counseling, which may be scheduled before a final determination of discharge has been made or as soon as possible after a final determination has been made.
8. Paragraph 19-13 of the separation regulation states, in pertinent part, that AGR soldiers with at least 17 years, 9 months, but less than 20 years, of qualifying service for non-regular retired pay at the time of notification of QMP selection, whose ETS occurs prior to the 20-year point, may extend their enlistments for the minimum period required to qualify for non-regular retirement.
DISCUSSION AND CONCLUSIONS:
1. The applicant’s claim that he completed at least 17 years and 9 months of qualifying service for non-regular retired pay and should have been allowed to continue his service in the Ready Reserve until completing 20 years was carefully considered. However, while the applicant had completed a total of
18 years of military service, as evidenced by the last RPAS statement of service completed on the applicant, only 16 of those years were creditable service for Reserve retirement.
2. The regulatory provisions allowing AGR soldiers to extend to complete
20 years of qualifying service is applicable only to those members who have completed at least 17 years and 9 months of creditable qualifying service for
non-regular retirement purposes, the operative term being qualifying service. It is not applicable to those who completed 18 total years of service, but have less than that number of qualifying years for Reserve retirement purposes. Further, the qualifying service criteria must be met at the time of QMP notification, time spent in the appeal process is not applicable.
3. 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.
BOARD VOTE:
________ ________ ________ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
_RKS___ __SAC___ __CLG___ DENY APPLICATION
| CASE ID | AR2003089841 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2004/02/03 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 2002/08/16 |
| DISCHARGE AUTHORITY | AR 635-200 |
| DISCHARGE REASON | QMP |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 1023 | 106.0010 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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