RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 May 2007
DOCKET NUMBER: AR20060011244
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. Gerard W. Schwartz
Acting Director
Ms. Wanda L. Waller
Analyst
The following members, a quorum, were present:
Ms. Linda Simmons
Chairperson
Mr. Jerome Pionk
Member
Mr. Eddie Smoot
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, in effect, a 20-Year Reserve retirement.
2. The applicant states, in effect, that he is missing three retirement points to qualify for a 20-Year Reserve retirement because of a 90-day break period in his service.
3. The applicant provides an Army National Guard Retirement Points History Statement; discharge orders; a National Guard Bureau Form 22 (Report of Separation and Record of Service); and an Honorable Discharge Certificate from the Army National Guard.
CONSIDERATION OF EVIDENCE:
1. The applicant served in Operation Iraqi Freedom.
2. The applicant was born on 20 June 1966. Having prior inactive service, the applicant enlisted in the Army National Guard on 21 April 1988. On 29 August 2006, he was honorably discharged from the Army National Guard for expiration term of service.
3. The applicants Army National Guard Retirement Points History Statement, prepared on 15 November 2006, shows that he completed 19 years, 3 months, and 9 days of creditable service for non-regular retirement at age 60. The statement shows that during retirement year ending 20 April 2006 he earned
43 retirement points.
4. In the processing of this case, a request for an advisory opinion from the National Guard Bureau was made. On 16 March 2007, the request for an advisory opinion was returned without action due to insufficient evidence.
5. Sections 12731 through 12738 of Title 10, U.S. Code, authorize retired pay for Reserve component military service. Under this law, a Reserve Soldier must complete a minimum of 20 qualifying years of service to be eligible for retired pay at age 60. The term good years is an unofficial term used to mean years in which 50 ore more retirement points are earned during each year and which count as qualifying years of service for retirement benefits at age 60.
DISCUSSION AND CONCLUSIONS:
The applicants Army National Guard Retirement Points History Statement shows he completed 19 years, 3 months, and 9 days of creditable service for a Reserve retirement when he was discharged upon his expiration term of service. It appears that had he been properly counseled concerning how close he was to completing 20 years of qualifying service he would have extended his enlistment. Therefore, it would be equitable to correct his records to show he completed 20 years of qualifying service for a Reserve retirement by redistributing his retirement points to give him a qualifying year for retirement year ending 20 April 2006.
BOARD VOTE:
LS_____ _JP_____ _ES_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. redistributing excess retirement points to provide him with a qualifying year of service for retirement year ending 20 April 2006; and
b. issuing him a certificate of eligibility to show he is entitled to Reserve retirement pay at age 60.
_____Linda Simmons____
CHAIRPERSON
INDEX
CASE ID
AR20060011244
SUFFIX
RECON
DATE BOARDED
20070508
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
135.0200
2.
136.0400
3.
4.
5.
6.
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