RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 24 April 2008
DOCKET NUMBER: AR20080001397
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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 reconsideration of his earlier request to correct his military records to show that he completed 20 qualifying years of service in order to qualify for non-regular retired pay.
2. The applicant states, in effect, that he was willing to serve in the Reserve in 1992 but was informed he could retire with full benefits. He therefore, decided to retire and operate his business. Upon receipt of the Board's decision, he requested to continue drills and to finish his time to qualify for retired pay, but was informed that he could not because of his age.
3. The applicant provides copies of the original Board proceedings, Chronological Statement of Retirement Points, and an article from the Army Times Newspaper.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070005602, on 2 October 2007.
2. The applicant provides new argument stating that he was willing to serve in the Reserve in 1992 but was informed that he had already qualified for a full retirement. He further argues that he was wronged and should be granted a retirement with full benefits.
DISCUSSION AND CONCLUSIONS:
1. There is no corroborating evidence to support the applicant's contention that he was informed, or led to believe, that he had completed the service requirements for a non-regular retirement.
2. The applicant's argument that he was wronged and should be granted a retirement is not substantiated by any evidence of record. The applicant has not provided any convincing evidence to support his contention.
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 the aforementioned requirement.
4. In view of the foregoing, there is no basis for granting the applicant's request.
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 to amend the decision of the ABCMR set forth in Docket Number AR20070005602, dated 2 October 2007.
________x______________
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20080001397
2
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
ARMY | BCMR | CY2009 | 20090016556
It states a person is eligible to receive retired pay at age 60 upon application if they have completed 20 or more years of qualifying service while a member of an RC. The evidence of record confirms the applicant was medically disqualified from further service while serving in the Selected Reserve and transferred to the Retired Reserve on 18 November 2007. The record also shows the applicant completed only 2 years of qualifying service in the USAR.
ARMY | BCMR | CY2013 | 20130021407
The applicant requests correction of his record to show he is qualified for U.S. Army Reserve (USAR) retired pay at age 60. An HRC letter, dated 26 December 2012, that the applicant submitted with his application states he completed 17 years, 11 months, and 3 days of qualifying service for retirement. Neither is there any evidence that shows he was informed he had 19 years and 9 months of qualifying service toward a non-regular retirement.
ARMY | BCMR | CY2007 | 20070007921
The applicant requests, in effect, that his US Army Reserve (USAR) discharge orders be revoked and that he be transferred to the Retired Reserve 2. Review of the applicant's Official Military Personnel File (OMPF) did not provide any documentation (normally stated in the context of the 20-year letter) that covered the requirement of law to earn 50 or more retirement points by each retirement year ending date (RYE). The applicant contends that his 21 July 1995 discharge orders should be...
ARMY | BCMR | CY2007 | 20070001805
This document indicates the applicant was being considered for separation for misconduct. However, there is no evidence in the applicant's records or military medical documentation that shows he was unable to perform his military duties. In addition, evidence of record shows that United States Army Reserve Command Orders 186-061, dated 7 July 1992, discharged the applicant from the USAR under the provisions of Army Regulation 135-178 by reason of misconduct with a characterization of...
ARMY | BCMR | CY2009 | 20090002463
He responded by reiterating his request to be issued a 15 year letter certifying his eligibility for retired pay at age 60, and further requests that he be given 20 additional inactive duty points for RYE 12 June 1998 for completion of the Army Sales and Management Training Course which would give him a total of 53 retirement points for that year; and he requests that he be given 4 months credit for the months he was assigned to different units between 28 June 1992 to 27 June 1993. While...
ARMY | BCMR | CY2008 | 20080011313
The applicant has been notified by separate correspondence of the procedures for requesting his military records and, as a result, this issue will not be discussed further in these proceedings. Although the applicant's military records are silent as to what option the applicant selected, his military records did contain orders, dated 19 June 2007, which honorably discharged him from the Army National Guard and as a Reserve of the Army effective 14 July 2007. As a result, the Board...
ARMY | BCMR | CY2008 | 20080016121
The applicant requests, in effect, that his records be corrected to show that he was transferred to the U.S. Army Reserve (USAR) Control Group (Retired) effective 11 July 1992 and that he be credited with the appropriate retirement points from that date. Counsel requests, in effect, that the applicant be granted retirement points credit for service in the IRR until his retirement. However, the applicant's original request of 16 May 1990 is filed in his official records and it very clearly...
ARMY | BCMR | CY2006 | 20060011247
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 24 May 2007 DOCKET NUMBER: AR20060011247 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. A Statement of Service (AGUZ Form 249), dated 25 January 1974, contained in the applicant's OMPF confirms he continuously served in an active status in the AUS and USAR from 19 April 1944 through 25 October 1963, and in...
ARMY | BCMR | CY2011 | 20110013400
The applicant states he enlisted in the U.S. Army in November 1976 and he was honorably released from active duty (REFRAD) in August 1992 under the VSI Program after serving 15 years and 9 months. It was his understanding he would be placed in the U.S. Army Reserve (USAR) Control Group (Retired Reserve) and continue to receive his annual VSI payments. Records show the applicant was REFRAD on 26 August 1992 and approved for an annual VSI payment of $8,962.38 for 30 years.
ARMY | BCMR | CY2007 | 20070011054
This official stated that based on the applicant's Chronological Statement of Retirement Points, only 19 years of qualifying service for retired pay could be verified and therefore, her request for retired pay was denied. However, TERA provisions of the law in effect at the time of the applicant's transfer to the Retired Reserve provided for granting non-regular retirement at age 60 eligibility to those members of the Reserve who had completed 15 but less than 20 years of qualifying service...