RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 11 March 2008
DOCKET NUMBER: AR20070014700
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.
x
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, correction of his records to show he completed 20 years of qualifying service for retired pay at age 60 and receipt of his notification of eligibility for retired pay at age 60 (20-Year Letter).
2. The applicant states that he served in the Regular Army from September 1970 to April 1979 and in the Army National Guard from June 1980 to October 1991. He was then assigned to the Inactive Ready Reserve. He states, in effect, that he is 4 months and 8 days short for receipt of his 20-Year Letter. The McDonnell Douglas Helicopter Company in Mesa, Arizona assigned him as a Field Service Mechanic in Saudi Arabia to support the Apache AH64 Helicopters. After Desert Storm, he was sent to Germany for a year to tear down and rebuild rotorheads for Apache helicopters. During this time, he was unable to make weekend drills with the 1st Battalion, 285th Aviation Battalion in the Arizona Army National Guard.
3. The applicant provides a copy of his NGB Form 22 (Report of Separation and Record of Service).
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was born on 31 December 1951. He enlisted in the Regular Army on 3 September 1970. He continued to serve on active duty until he was discharged on 24 April 1979.
3. After a break in service, the applicant enlisted in the Arizona Army National Guard on 2 June 1980. He was discharged from the Army National Guard on 22 October 1991. On the following date, he was transferred to the U.S. Army Reserve (USAR) Control Group (Standby).
4. The applicants Army National Guard Current Annual Statement, dated 13 January 1992, shows he completed 19 years, 7 months, and 22 days of qualifying service for retired pay at age 60 as of retirement year ending 22 October 1991.
5. The applicants Army National Guard Retirement Points History Statement, dated 28 February 2008, shows he completed 19 years, 7 months, and 22 days of qualifying service for retired pay at age 60 as of retirement year ending 22 October 1991. For the retirement year beginning 2 June 1991 and ending 22 October 1991, he received 6 membership points.
6. Title 10, U. S. Code, sections 12731 through 12739 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. After 1 July 1949, a qualifying year is one in which a Reserve Soldier earned 50 retirement points or more.
DISCUSSION AND CONCLUSIONS:
1. The applicant was discharged from the Army National Guard on 22 October 1991.
2. The applicants Army National Guard Retirement Points History Statement shows he had completed 19 years, 7 months and 22 days of qualifying service for retirement at the time of his discharge on 22 October 1991. By law, the applicant is required to complete 20 years of qualifying service for retired pay at age 60. Even if the applicant was not able to make weekend drills, he provided no explanation of why he could not have earned retirement points through correspondence courses while he was in the IRR. He provided no explanation as to why he did not reenter service after his one-year tour in Germany when McDonnell Douglas was finished. Therefore, he is not eligible for a 20-Year Letter.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__x___ __x____ x __ 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.
_____ x______
CHAIRPERSON
INDEX
CASE ID
AR20070014700
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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