IN THE CASE OF:
BOARD DATE: 19 June 2008
DOCKET NUMBER: AR20080001826
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his records be corrected to show he has over 20 years of qualifying service for a Reserve retirement.
2. The applicant states that he believes his years of service are not correct, maybe because he switched units. He believes his record has gotten lost. He believes he received a letter one time saying it was possible that his records could have been destroyed in the St. Louis archives.
3. The applicant provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant served in the Regular Army from 16 July 1980 through 13 July 1983, when he was released from active duty and transferred to the U. S. Army Reserve (USAR). His Chronological Statement of Retirement Points shows he enlisted in the ARNG on 12 July 1984 (an enlistment contract shows he enlisted on 13 May 1985). He was discharged from the ARNG on 10 April 1989 and transferred to the USAR Control Group. He was discharged from the USAR on 31 July 1992. He enlisted in the ARNG on 24 June 1999. His NGB Form 22 (Report of Separation and Record of Service) shows he was discharged from the ARNG and as a Reserve of the Army on 28 March 2003; however, he had enlisted in the USAR on 27 January 2003 for two years. He was discharged from the USAR on 24 June 2005.
2. On 16 April 2008, the U. S. Army Human Resources Command St. Louis, MO (USAHRC STL) updated the applicants Chronological Statement of Retirement Points. This statement shows he completed about 20 years of total service but only 11 years and 2 days of qualifying service. This statement shows that he had a number of years where he earned only 15 membership points or less than 50 points during a retirement year.
3. The applicant was provided a copy of the updated Chronological Statement of Retirement Points and informed that if he had additional source documents to substantiate additional retirement points he could contact USAHRC STL to further update his records. He did not respond within the given time frame.
4. Army Regulation 140-185 prescribes the types of training and activities for which retirement points are authorized and the procedures for recording retirement point credits and training for USAR Soldiers. In pertinent part, it provides that an annual Statement of Retirement Points will be prepared for all Soldiers regardless of the number of points awarded. The purpose of the statement is to give a permanent record of the total retirement points a Soldier earns during a retirement year; to tell the Soldier whether he/she earned sufficient points to be credited with a qualifying period for retired pay or for retention in an active status; and to give the Soldier an opportunity to request correction of errors in the statement. The Statement of Retirement Points is currently provided to Soldiers electronically.
5. Sections 12731 through 12740 of Title 10, U.S. Code, authorize retired pay for Reserve component military service. Under this law, a Reserve Component 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 or 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:
1. While the applicants Chronological Statement of Retirement Points shows he had about 20 years of total service, he completed less than 20 years of qualifying service.
2. At the time the applicant served, annual statements of retirement points were sent to all Reserve Soldiers regardless of the number of points awarded. He should have been aware long before his June 2005 separation that he was credited with less than 20 years of qualifying service for retirement. At any point in time he had an obligation to himself to query either the ARNG or the USAR if he believed that information to be erroneous.
3. If the information on the applicants updated Chronological Statement of Retirement Points is in fact incorrect or incomplete, the applicant should provide USAHRC - STL with documentation to show the correct number of points creditable due him for those retirement years for which he has less than 50 points.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___xx___ __xx____ ___xx___ 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.
_ _______ xxxx___________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080001826
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