RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 28 September 2006
DOCKET NUMBER: AR20060003571
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Ms. Wanda L. Waller | |Analyst |
The following members, a quorum, were present:
| |Ms. Linda Simmons | |Chairperson |
| |Mr. Paul Smith | |Member |
| |Ms. Alice Muellerweiss | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests two years of back retired pay.
2. The applicant states, in effect, that on 1 December 2005 he was retired
and placed on the retired list effective 30 August 1997. He states that he
was notified he would receive six years arrears of pay from the Defense and
Finance Accounting Service; however, he had to petition this Board to
obtain the remaining two years of back retired pay.
3. The applicant provides two letters, dated 14 February 2006 and 26
January 2006, from two Members of Congress; a letter, dated 3 February
2006, from the Transition and Separations Branch, U.S. Army Human Resources
Command; retirement orders, dated 1 December 2005; a Retiree Account
Statement; and a letter, dated 18 January 2006, from the Departments of the
Army and the Air Force National Guard Bureau.
CONSIDERATION OF EVIDENCE:
1. The applicant’s military records are not available to the Board.
2. The applicant was born on 30 August 1937.
3. The applicant provided a letter, dated 3 February 2006, from the
Transition and Separations Branch, U.S. Army Human Resources Command, which
states his application for retirement was received by that office on 1
December 2005. Orders, dated 1 December 2005, show he was retired and
placed on the retired list effective 30 August 1997 in the rank of staff
sergeant.
4. Title 10, U.S. Code, section 12731(a) states that a person 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 the last eight
years of qualifying service have been performed while a member of a Reserve
Component.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicant applied for retired pay in
December 2005, eight years after turning age 60. By law, a person is
entitled, upon application, to retired pay.
2. The applicant has provided no evidence or explanation as to why he did
not apply for retired pay until eight years after he was eligible to do so.
In the absence of sufficient evidence to show that the delay in applying
for retired pay was through no fault of his own, there is no basis for
granting the applicant’s request for two years of back retired pay.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
LS____ __PS_____ __AM____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented does not demonstrate the
existence of a probable error or injustice. Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.
___Linda Simmons______
CHAIRPERSON
INDEX
|CASE ID |AR20060003571 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20060928 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |128.1400 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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