IN THE CASE OF:	  

	BOARD DATE:	
	DOCKET NUMBER:  AR20080003915 


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, in effect, that his record be corrected to show that he had over 20 years creditable service for retirement purposes.

2.  The applicant states, in effect, that according to his NGB Form 22, National Guard Bureau Report of Separation and Record of Service, at the time of his retirement he had 23 years, 3 months, and 17 days of military service.  After receiving his 20-Year Letter, he put in an additional year before retiring.  That alone, he states, provided him a buffer of additional time above the required amount to qualify to receive retired pay upon application at the age of 60. 

3.  In support of his request, the applicant provides a copy of his NGB Form 22; a copy of his ARPC Form 249-2-E, Chronological Statement of Retirement Points, dated 28 January 2008; and a copy of a letter he received from the Transition and Separations Branch, Army Human Resources Command, St. Louis, Missouri, dated 28 January 2008.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show he enlisted in the Naval Reserve on 15 June 1966.  He enlisted in the Navy on 13 October 1966 and served on active duty until he was honorably released from active duty and transferred to the Naval Reserve on 10 July 1970.  The applicant was discharged from the Naval Reserve on 14 June 1972.

2.  The applicant’s records show that after a break in service, he enlisted in the Colorado Army National Guard (COARNG) on 1 August 1975.  The applicant remained in the COARNG through a series of reenlistments and extensions of his service until 17 November 1992 when he was honorably discharged from the Army National Guard in the rank and pay grade, Sergeant First Class, E-7, and assigned to the US Army Reserve Control Group (Retired).

3.  On 23 August 1991, the applicant was issued a Memorandum, Subject:  Notification of Eligibility for Retired Pay at Age 60, by the Department of Military Affairs, State of Colorado.

4.  The NGB Form 22 the applicant was issued on his discharge date, 17 November 1992, shows he had completed 23 years, 3 months, and 17 days total service for pay.

5.  The applicant's records show he was born on 17 February 1948.  The applicant attained age 60 on 17 February 2008.

6.  On or before 28 January 2008, the applicant submitted a DD Form 108, Application for Retired Pay Benefits to the Transition and Separations Branch, Army Human Resources Command, St. Louis, Missouri.  On 28 January 2008, the Chief, Transition and Separations Branch, replied to his application and notified him that an audit of his military records had shown that he completed 19 years, 8 months, and 28 days of qualifying service for retirement.  Accordingly, he was ineligible to receive retired pay.

7.  The applicant was provided a chronological record of military service and was advised that if he believed that an error or injustice existed as a result of the determination in his case, the only recourse he had was to apply to this Board for a correction.

8.  The chronological record of military service the applicant received shows that since enlisting in the COARNG, he consistently earned more than 50 retirement points during each year of his service.  The lowest number of points he accumulated was 60 in the retirement year ending 31 July 1984 and the highest number of total points creditable for retirement was 246, which he earned during the retirement year ending 31 July 1991.

9.  In the applicant's last period of service before being transferred to the Retired Reserve [1 August 1992 through 18 November 1992] which was less than a full year, the applicant only accrued 13 retirement points which did not amount to a 
"good year" towards retirement.  The applicant was 37 points short of a "good year" and qualification to receive retired pay at the age of 60. 
10.  Army Regulation 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records) provides the policy for training and retirement point credits for members of the USAR.  It prescribes the types of training and activities for which retirement points are authorized.  It discusses the procedures for recording retirement point credits and training for USAR Soldiers. It states, in pertinent part, that the maximum for IDT and membership is 60 points.  Annual or Terminal Statement of Retirement Points will report all points earned.  Individuals will be awarded 15 membership points for each year in an active status.  It further states that personnel on AD, active duty training (ADT), inactive duty for training (IADT), involuntary ADT, or AT are awarded 1 point for each calendar day they serve in one of these categories and may not be awarded additional points for other activities while in such status.  The following rules apply:  "(1) One point will be awarded for each scheduled 4-hour period of IDT with a maximum of 2 points in 1 calendar day; (2) One point for each 2 hour or greater period with a maximum of 1 point in 1 calendar day; and (3) One point for each 2 hour or greater period under the two/eight-hour rule."

11.  The term "good years" is an unofficial term used to mean years in which 50 or more retirement points were earned during each year, and which count as qualifying years of service for retirement benefits at age 60.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant enlisted in the Naval Reserve; he served in the Navy for 3 years, 8 months, and 28 days; and was transferred to the Naval Reserve to complete his military service obligation.

2.  After a break in service, the applicant enlisted in the COARNG and remained through a series of reenlistments and extensions of his service until he had accumulated 23 years, 3 months, and 17 days total service for pay.

3.  The applicant received his notification of eligibility for retired pay at age 60, dated 23 August 1991, and he believed that he had sufficient time accrued and was qualified to receive retired pay, with application, upon reaching 60 years of age.  The evidence shows the applicant reached the age of 60 on 17 February 2008.

4.  There is no evidence in the available records that show the applicant was counseled or advised by anyone in a responsible position [the unit's S-1, the Unit Administrator, the unit's Adjutant, his unit Executive Officer, or his unit Commander] that he did not have sufficient time to qualify for retired pay, upon application, upon reaching age 60.  There is no evidence anyone defined the difference between, "Total Service for Pay Purposes" and "Creditable Service for Retirement" to the applicant.
5.  The evidence shows that when the applicant made application for retired pay benefits, he was advised he had only 19 years, 8 months, and 28 days of creditable service for retirement and he was not eligible to receive retired pay.  The applicant was short 3 months and 2 days of having sufficient creditable service for retirement to qualify for retired pay.

6.  The chronological record of military service the applicant received shows that since enlisting in the COARNG, he consistently earned more than 50 retirement points during each year of his service.  The lowest number of points he accumulated was 60 in the retirement year ending 31 July 1984.  The highest number of total points creditable for retirement was 246 which were earned during the retirement year ending 31 July 1991.  In the applicant's last period of service before being transferred to the Retired Reserve [1 August 1992 through 18 November 1992], the applicant only accrued 13 retirement point which did not amount to a "good year" towards retirement.  The applicant was 37 points short of a "good year" and qualification to receive retired pay at the age of 60.

7.  Based on the evidence and equity consideration in this case, the applicant is entitled to:

	a.  have his discharge from the Army National Guard and transfer to the Retired Reserve on 17 November 1992 revoked;

	b.  have a correction made to his ARPC Form 249-2-E, Chronological Statement of Retirement Points, to show he was a member of the COARNG until 31 July 1993;

	c.  a redistribution of accumulated retirement points shown on his ARPC Form 249-2-E, Chronological Statement of Retirement Points [from those 246 points he earned during retirement year ending 31 July 1991], to show he earned 50 retirement points for his now extended partial retirement year [from 1 August 1992 and ending 31 July 1993] and thereby providing him another "good year" and sufficient creditable service to qualify to receive retired pay; and

	d.  be released from the Army National Guard and transferred to the Retired Reserve on 1 August 1993.







BOARD VOTE:

___x____  ___x____  ___x____  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 the Colorado Army National Guard and Department of the Army records of the individual concerned be corrected by:

	a.  revoking the applicant's orders which discharged him from the Army National Guard and which transferred him to the Retired Reserve on 17 November 1992;

	b.  correcting the applicant's ARPC Form 249-2-E, Chronological Statement of Retirement Points, to show he was a member of the COARNG until 31 July 1993;

	c.  redistributing 37 retirement points from those 246 points he earned during retirement year ending 31 July 1991, to his now extended retirement year [from 1 August 1992 and ending 31 July 1993] to show he earned 50 retirement points thereby providing him another "good year" and sufficient creditable service for the applicant to qualify to receive retired pay; and

	d.  releasing the applicant from the Army National Guard and transferring him to the Retired Reserve on 1 August 1993.




      __________x_____________
      	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)                                         AR20080003915



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ABCMR Record of Proceedings (cont)                                         AR20080003915



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