IN THE CASE OF:	  

		BOARD DATE:	        02 December 2008

		DOCKET NUMBER:  AR20080009185 


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 military records be corrected to show that he was transferred to the Retired Reserve and issued a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter).  He also requests that he be issued a retired military identification (ID) card. 

2.  The applicant essentially states that he wrote the Army asking about his retirement and that he was sent paperwork for a retired ID card, but that no information was included which showed that he was not eligible for retirement.  He also states that he has had a retired ID card since then.  He further states, in effect, that if he had been told sooner that he needed more service to qualify for a non-regular retirement, he would have found another Reserve unit to gain more time, but that learning about this now makes it impossible for him to join a unit due to his health and age.  Additionally, he states that there are two different tallies for the amount of service he has performed.  He reiterates that he wants a retired ID card and that he was not told of changes to the amount of his service until it was too late.  He also states that while in his officer basic course, he was told that he was too old for active duty and unable to return to an enlisted or warrant officer status because he was commissioned, and that all he had left was the U.S. Army Reserve.  Further, he states that he is willing to waive any entitlement to retired pay and medical benefits in order to receive a retired ID card.



3.  The applicant provides a letter, dated 5 May 2008, from the Transition and Separations Branch, United States Army Human Resources Command (USAHRC), St. Louis, Missouri; an ARPC Form 249-E (Chronological Statement of Retirement Points), dated 5 May 2008; a self-authored letter, dated 28 April 2008, addressed to the Chief, Transition and Separations Branch, USAHRC; a letter, dated 22 April 2008, from the Transition and Separations Branch, USAHRC; his NGB Form 22 (National Guard Bureau Report of Separation and Record of Service) that was issued on 20 November 1984 in conjunction with his resignation; a certificate showing that he was transferred to the Retired Reserve on 24 April 1989; and a self-authored letter, dated 13 August 1997, addressed to the United States Army Reserve (USAR) Personnel Center, St. Louis, Missouri in support of this application.

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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military records show that he served on active duty in the United States Marine Corps from 19 May 1967 to 31 March 1970, and then transferred to the United States Marine Corps Reserve.  On 1 July 1970, he enlisted in the Regular Army, and he served on active duty until he was honorably released from active duty on 9 May 1979.  On 10 May 1979, he enlisted in the USAR, and on 18 July 1980, he was honorably discharged from the USAR.  On 31 July 1981, he was commissioned a second lieutenant in the USAR, and on 17 October 1981, he was transferred from the USAR to the Texas Army National Guard (TXARNG).  He was promoted to first lieutenant on 30 July 1984.  On 20 November 1984, he was discharged from the TXARNG due to his resignation, and he was transferred to the USAR Control Group (Reinforcement).

3.  In a memorandum, dated 22 September 1992, the applicant was essentially informed of his options after being non-selected for promotion to captain a second time.  This memorandum also stated, in pertinent part, that if he has 
completed 20 years of qualifying service and had a 20-Year Letter, he and his authorized family members would be entitled to unlimited access to the Post Exchange; morale, welfare, and recreation facilities; and the commissary for
12 visits annually.

4.  USAR Personnel Center, St. Louis, MO, Orders D-12-267283, dated
14 December 1992, honorably discharged the applicant from the USAR Control Group (Reinforcement) effective 24 April 1989.

5.  The applicant provided an ARPC Form 249-E, dated 5 May 2008, which shows that after his transfer to the USAR Control Group (Reinforcement) in 1984, he had no "good years" of qualifying service.  This document also shows that he was credited with 15 years, 10 months, and 14 days of qualifying service for non-regular retirement.  The applicant’s military records do not contain a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter).  

6.  Title 10, U.S. Code, section 12731 provides an entitlement to certain members of the Reserve Component to retired pay and benefits at age 60.  In order to receive retired pay and benefits at age 60, Soldiers must, among other requirements, have performed at least 20 years of qualifying service computed under Title 10, U.S. Code, section 12732.

7.  Paragraph 2-3 of Army Regulation 135-180 (Qualifying Service for Retired Pay Nonregular Service) provides, in pertinent part, that a 20-Year Letter will be issued to the Reserve Component Soldiers within 1 year after they complete 20 years of qualifying service for retirement.  This letter will be issued by the Commander, USAHRC, St. Louis for USAR Soldiers.  The letter, once issued, may not be withdrawn or revoked.  Additionally, this regulation provides that to be eligible for retired pay, an individual does not need to have a military status at the time of application for retired pay, but must have (1) attained age 60; (2) completed a minimum of 20 years of qualifying service; and, (3) served the last 8-years of his or her qualifying service as a Reserve Component Soldier.  The requirement to serve the last 8 years in a Reserve Component has since been amended to the last 6 years.

8.  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.

9.  Army Regulation 600-8-14 (Identification Cards for Members of the Uniformed Services, Their Eligible Family Members, and Other Eligible Personnel) provides, in pertinent part, that a DD Form 2 (United States Uniformed Services ID Card 
[Retired]) may only be issued to members entitled to retired pay, members on the Temporary Disability Retired List (TDRL), and members retired due to permanent disability.

10.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show that he was transferred to the Retired Reserve and issued a 20-Year Letter.  He also contends that he should be issued a retired military ID card. 

2.  The applicant's contention that he has possessed a retired military ID card was noted.  However, as the applicant specifically requests a retired military 
ID card, his contention does not appear to have any merit.

3.  The evidence of record shows that the applicant did not complete
20 qualifying years of service for retired pay.  As a result, there is no basis for correcting his military records to show that he was transferred to the Retired Reserve or to issue him a 20-Year Letter.

4.  As there is no evidence in the applicant's military records, and the applicant failed to provide any evidence which shows that he is entitled to retired pay, or that he was placed on the TDRL or retired due to permanent disability, there is no basis for issuing him a retired military ID card.

5.  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 this requirement.  In view of the foregoing, there is no basis for granting relief to the applicant in this case.







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.



      _________XXX_____________
               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)                                         AR20080014822



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ABCMR Record of Proceedings (cont)                                         AR20080009185



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