RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 June 2007
      DOCKET NUMBER:  AR20060017675


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Roland D. Gant                |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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, that he be issued a Notification for
Eligibility for Retired Pay at Age 60 (20-Year) Letter.

2.  The applicant states, in effect, he is requesting to be issued a 20-
Year Letter for his Army service.  He claims he completed 20 qualifying
years of service for non-regular Reserve retirement purposes, and that his
service was loyal and honorable and included many deployments away from his
family and friends.  He states a 20-Year letter was not issued to him when
he completed 20 years of qualifying service and when he contacted Army
Human Resources Command, St. Louis, Missouri (HRC-St. Louis) retirement
personnel, he was informed he would have to apply to this Board for relief.


3.  The applicant provides the following documents in support of his
application:  Active Duty Separation Document (DD Form 214), dated 26
January 2002; Chronological Statement of Retirement Points (ARPC Form 249-2-
E), dated
8 November 2006; and Enlistment Contract (DD Form 4), dated 30 November
2001; and Personnel Qualification Record (DA Form 2-1).

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he served in the Army National Guard
(ARNG) from 20 January 1982 through 19 January 1993 and in the United
States Army Reserve (USAR) from 20 January 1993 through 1 March 1993, at
which time he enlisted in the Regular Army and entered active duty.

2.  The applicant served on active duty in the RA for 8 years, 10 months
and
25 days until being honorably released from active duty (REFRAD) and
transferred to the USAR on 26 January 2002.

3.  The applicant again served in the USAR from 27 January 2002 through
15 September 2005, at which time he was honorably discharged from the USAR.
There is no indication that the applicant was denied reenlistment or
continued USAR service for any reason prior to his discharge.  An ARPC Form
249-2-E on file in the applicant's record confirms he completed a total of
20 years and 7 days of qualifying service for non-regular retirement
purposes between 20 January 1982 and 15 September 2005.  However, the
document also shows that only the last four qualifying years, from 27
January 2002 through 15 September 2005, were completed in a Reserve
Component (RC).  It also shows his previous nine years of service, between
19 January 1994 and 26 January 2002, was performed in the RA on active duty
(Active Component (AC)) and not in a RC.

4.  In connection with the processing of this case, an advisory opinion was
obtained from the AHRC-St. Louis Chief, Transition and Separations Branch.
This official stated that in accordance with the law applicable to the
applicant's case, in order to qualify for non-regular retirement and
retired pay at age 60, a Reserve Soldier must complete 20 years of
qualifying service and must have completed the last 8 qualifying years of
service in a RC.  As a result, because the applicant did not complete the
last 8 qualifying years of his service in a RC, he states the applicant is
not entitled to receive a 20-Year Letter or retired pay at age 60.

5.  On 6 April 2007, the applicant was provided a copy of the AHRC-St.
Louis advisory opinion in order to have the opportunity to respond to or
rebut its contents.  To date, he has failed to reply.

6.  Title 10 of the United States Code, Section 12731 (Age and Service
Requirements) provides the legal authority for age and service requirements
for non-regular retirement.  It states, in pertinent part, that a member is
eligible to receive retired pay at age 60 if they have completed 20
qualifying years of service for retirement.  In the case of a person who
completed the 20 years of qualifying service requirement before the end of
the 180-day period beginning on the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2005, he or she must have
performed the last 6 years of qualifying service while a member of a RC,
but not while a member of an AC, Fleet Reserve, or Fleet Marine Corps
Reserve.  Members who completed the 20 years of qualifying service during
the period between 1 January and 30 September 2002, were required to
complete the last 8 years instead of the last 6 years of qualifying service
in a RC to qualify for retired pay at age 60.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be issued a 20-Year Letter
and be eligible to receive retired pay at age 60 was carefully considered.
However, there is insufficient evidence to support granting the requested
relief.

2.  By law, in order to be eligible for non-regular retirement and retired
pay at age 60, a member must complete at least 20 years of qualifying
service, and for a member who completed that qualifying service between 1
January and
30 September 2002, the member must have completed at least the last 8 years
of qualifying service in a RC.

3.  In this case, the record confirms that although he completed more than
20 years of qualifying service for non-regular retirement purposes, the
applicant only completed the last 4 of those years in a RC.  Absent any
evidence that he was denied the opportunity to reenlist or continue to
serve in order to qualify for retirement by completing the last 8 years of
his qualifying service in a RC, there is an insufficient evidentiary basis
to support granting the requested relief in this case.

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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__MKP__  __RDG __  __RCH__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




                                  _____Margaret K. Patterson____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060017675                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/06/14                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2005/09/15                              |
|DISCHARGE AUTHORITY     |AR 135-178                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |136.0200                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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