IN THE CASE OF:
BOARD DATE: 16 October 2008
DOCKET NUMBER: AR20080010673
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, a 15-year Reserve Component retirement.
2. The applicant states, in effect, that he was retired under the National Defense Authorization Act (NDAA) for Fiscal Year 1993 (FY 93).
3. The applicant provides discharge orders; a retirement discharge certificate; an Honorable Discharge certificate; a request for a 15-year letter; a statement, dated 29 July 1996; a memorandum, dated 8 August 1996; an undated memorandum; a letter, dated 6 June 2008, from the U.S. Army Human Resources Command, St. Louis, Missouri; a DD Form 108 (Application for Retired Pay Benefits); Chronological Statements of Retirement Points, dated 6 July 2006 and 6 July 2008; and a DA Form 2656 (Data for Payment of Retired Personnel).
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 18 August 1948. Having prior active service, he enlisted in the Army National Guard on 20 December 1971. He had a break in service during the period 8 May 1974 through 25 February 1983. He enlisted in the Army National Guard on 26 February 1983.
2. On an unknown date, the applicant requested to be separated from the Army National Guard to take advantage of the 15-year retirement program available to National Guard personnel. On 26 July 1996, a recommendation for a 15-year letter was submitted. The recommendation stated that the applicants unit had reorganized and that there was no valid position available that could be assigned to the applicant by the deactivation date of 1 September 1996. This recommendation also stated that the applicant was authorized to be involuntarily separated from the Selected Reserve with early qualification for retired pay at age 60 under the NDAA for FY 93. On 16 August 1996, the approval authority approved this request. However, there is no 15-year letter in the available records.
3. On 1 September 1996, the applicant was honorably discharged from the Army National Guard and assigned to the U.S. Army Reserve Control Group (Retired).
4. The applicants U.S. Army Reserve Personnel Command Chronological Statement of Retirement Points, dated 6 June 2008, shows he had
17 years, 1 month, and 19 days of creditable service for retired pay.
5. The applicant applied for retired pay on 4 January 2008. His application was denied because he had not completed 20 qualifying years of Reserve service.
6. Title 10, U.S. Code, section 12731 provides that a non-regular service member is entitled, upon application, to retired pay if the person is at least 60 years of age; has performed at least 20 years of qualifying service; and, having completed the service requirement during the period beginning on October 1994 and ending on 30 September 1999, shall have performed the last six years of qualifying service while a member of a Reserve component.
7. Title 10, U.S. Code, section 12731a was the temporary special retirement qualification authority. It provided that, during a period from 1 October 1991 through 30 September 1999, a member of the Selected Reserve who completed at least 15, and less than 20, years of qualifying service as of 1 October 1991 could upon the request of the member, be transferred to the Retired Reserve.
DISCUSSION AND CONCLUSIONS:
The evidence shows that the applicant was approved for a 15-year retirement based upon the reorganization of his unit. He had completed 17 years, 1 month, and 9 days of qualifying service for retired pay. Therefore, it would be equitable to grant him a 15-year Reserve Component retirement.
BOARD VOTE:
___XX_____ ___XX_____ ___XX_____ 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 Department of the Army records of the individual concerned be corrected by showing he was issued a 15-year letter in August 1996 and that his 4 January 2008 application for retired pay was approved in a timely manner.
_______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.
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