IN THE CASE OF:
BOARD DATE: 29 July 2008
DOCKET NUMBER: AR20080007481
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, correction of his records to show he completed 20 years of active duty for a length of service retirement or 20 years of qualifying service for a Reserve retirement.
2. The applicant states that he needs calculation of his active duty and Reserve time for total time in the military.
3. The applicant provides copies of three discharge documents for the periods ending 2 July 1987, 3 March 1972, and 23 September 1974; his DA Form 2-1 (Personnel Qualification Record - Part II); and his DA Form 20 (Enlisted Qualification Record).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 28 May 1970. At the completion of basic combat training and advanced individual training, he was awarded military occupational specialty 64C (motor transport operator).
2. He was honorably released from active duty on 3 March 1972 by reason of early release to join a U.S. Army Reserve unit. He was issued a DD Form 214 for the period ending 3 March 1972 which shows he completed 1 year, 9 months, and 6 days of active military service during this period.
3. His DA Form 20 shows he served in the Ready Reserve to include 15 days of annual training until he enlisted in the Regular Army on 20 December 1972. He was honorably discharged on 23 September 1974 for the purpose of immediate reenlistment. He was issued a DD Form 214 for the period ending 23 September 1974 which shows he completed 1 year, 9 months, and 3 days of active military service during this period and 1 year, 9 months, and 6 days of other service for a total of 3 years, 6 months, and 9 days service for pay. His DD Form 214 fails to show his prior U.S. Army Reserve service (9 months and 1 day inactive service and 15 days active service).
4. He reenlisted on 24 September 1974 and continued to serve on active duty through two reenlistments.
5. The applicant was honorably discharged on 2 July 1987 under the provisions of Army Regulation 635-200, paragraph 5-13 by reason of personality disorder. He was issued a DD Form 214 for the period ending 2 July 1987 which shows he completed 12 years, 9 months, and 9 days of active military service during this period and 3 years, 6 months, and 10 days total prior active service (a total of 16 years, 3 months, and 20 days of active military service), and 9 months and 16 days prior inactive service. (This discharge document fails to subtract his 15 days annual training from his prior inactive service and to add this 15 days to his prior active service).
6. Army Regulation 635-200, chapter 12 sets policies and procedures for voluntary retirement of Soldiers because of length of service and governs the retirement of Soldiers (Active Army, Army National Guard of the United States, and U.S. Army Reserve) who are retiring in their enlisted status. Paragraph 12-4 states in pertinent part that a Soldier who has completed 20 but less than 30 years of active Federal service in the U.S. Armed Forces may be retired at his or her request.
7. 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 evidence of record shows the applicant served on active duty from 28 May 1970 to 3 March 1972 (1 year, 9 months, and 6 days); 20 December 1972 to 23 September 1974 (1 year, 9 months, and 4 days); and 24 September 1974 to 2 July 1987 (12 years, 9 months, and 9 days). His Enlisted Qualification Record shows he also completed 15 days of annual training.
2. The applicant was discharged from active duty on 2 July 1987. At that time, he actually had completed a total of 16 years, 4 months, and 4 days of active Federal service and 9 months and 1 day of inactive service.
3. Based on the governing regulation statute, the applicant is required to complete 20 years but less than 30 years of active Federal service for a length of service retirement and 20 years of qualifying service for a Reserve retirement. Therefore, he is not eligible for either a length of service retirement or a Reserve retirement.
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) AR20080007481
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ABCMR Record of Proceedings (cont) AR20080007481
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