IN THE CASE OF:	  

		BOARD DATE:	 12 February 2009

		DOCKET NUMBER:  AR20080016981 


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 creditable service for at least 15, but less than 20 qualifying years of service for retired pay.

2.  The applicant states, in effect, that retirement point credit for his active duty service from 27 March 1969 to 1 November 1970 and from 11 October 1990 to
3 July 1991 is not recorded on his Chronological Statement of Retirement Points.

3.  The applicant provides copies of a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 1 November 1970; DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 3 July 1991; APRC Form 249-2-E (Retirement Information and Retirement Points Summary), undated; Headquarters, 890th Transportation Company, Green Bay, Wisconsin, memorandum, dated 10 July 1996, subject:  Discharge Due to Medical Disqualification for Retention; and Headquarters,
88th Regional Support Command, Fort Snelling, Minnesota, Orders 340-21, dated 5 December 1996.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military personnel records show that he was inducted into the Army of the United States for a period of 24 months and entered active duty on 27 March 1969.  Upon completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 11B (Infantryman).  The applicant served overseas in the Republic of Vietnam from 28 August 1969 to 1 November 1970.
2.  The applicant's military personnel records contain a DD Form 214 that shows he entered active duty this period on 27 March 1969, was honorably released from active duty on 1 November 1970 based on early separation of overseas returnee, and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining military service obligation.  At the time he had completed 1 year, 7 months, and 5 days of net service this period. 

3.  The applicant was honorably discharged from the USAR on 26 March 1975 based upon completion of his military service obligation.

4.  The applicant’s military personnel records show that he enlisted in the USAR for a period of 4 years on 27 April 1982.  He continued to serve in the USAR and attained the rank of Sergeant (SGT)/pay grade E-5 on 5 January 1985.

5.  The applicant’s military personnel records contain a DD Form 214 with an effective date of 3 July 1991 and DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 19 February 1992. These documents show that the applicant was ordered to active duty in support of Operation Desert Shield/Storm on 11 October 1990 and that he served in Southwest Asia from 14 November 1990 to 5 June 1991.  The applicant was honorably released from active duty on 3 July 1991 based on expiration term of service and transferred to Headquarters, 425th Transportation Brigade (Corps Support Command), Fort Sheridan, Illinois.  At the time he had completed
8 months and 23 days of net active service this period; 1 year, 7 months, and
5 days of total prior active service; and 12 years, 10 months, and 9 days of total prior inactive service.

6.  The applicant’s military personnel records contain a copy of Headquarters, 890th Transportation Company, Green Bay, Wisconsin, memorandum, dated
10 July 1996, subject:  Discharge Due to Medical Disqualification for Retention, that shows the applicant was notified he had been found medically unfit for retention in the USAR in accordance with Army Regulation 40-501 (Standards of Medical Fitness) and that the applicant elected transfer to the Retired Reserve.

7.  The applicant’s military personnel records contain a copy of Headquarters,
88th Regional Support Command, Fort Snelling, Minnesota, Orders 340-21, dated 5 December 1996, that shows the applicant was released from the
890th Transportation Company (Medium Truck), Green Bay, Wisconsin, effective 15 December 1996, based on medical disqualification and he transferred to the USAR Control Group (Retired), St. Louis, Missouri.

8.  The applicant’s Total Army Personnel Data Base (TAPDB) electronic record, accessible via the U.S. Army Human Resources Command (USA HRC) Integrated Web Services (IWS) portal contains, in pertinent part, the applicant’s online ARPC Form 249-E (Chronological Statement of Retirement Points):

     a.  The ARPC Form 249-E shows, in pertinent part, the applicant served on active duty in the Regular Army (RA) from 27 March 1969 through 1 November 1970, earned 585 active duty points, and 585 total creditable retirement points for this period of service.

     b.  The ARPC Form 249-E shows for the Retirement Year (RY) line entry with a Beginning Date of 27 April 1990 and a Retirement Year Ending (RYE) date of
26 April 1991, the applicant earned 221 active duty points, 19 inactive duty points, 15 membership points, and 255 total creditable retirement points during this RY.

     c.  The ARPC Form 249-E shows for the RY line entry with a Beginning Date of 27 April 1991 and a RYE date of 26 April 1992, the applicant earned 68 active duty points, 36 inactive duty points, 15 membership points, and 119 total creditable retirement points during this RY.

     d.  The ARPC Form 249-E also shows the applicant earned 2040 total creditable retirement points and a total of 16 years, 2 months, and 25 days of qualifying service for retirement.

9.  The applicant’s military personnel records contain a copy of Headquarters,
USA HRC, St. Louis, Missouri, memorandum, dated 20 December 2008, subject:  Notification of Eligibility for Retired Pay at Age 60 (Selected Reserve 15-Year Letter).  This document shows, in pertinent part, that the applicant was notified that as a Selected Reserve member with at least 15 years qualifying service, he is eligible to apply for retired pay on attaining age 60.  This document also shows that his eligibility was determined based on having completed at least 15 years of qualifying service during the period beginning on or after 1 October 1991 and ending on or before 20 September 1999, having completed the last 6 years of qualifying serving while a member of a Reserve component, and having requested transfer to the Retired Reserve.

10.  Army Regulation 140-185 (Training and Retirement Points Credit and Unit Level Strength Accounting Records) prescribes the types of training and activities for which retirement points are authorized.  It also discusses the procedures for recording retirement point credits and training for USAR Soldiers.  Paragraph
2-1 (Criteria for crediting retirement points) states that the limitations on the number of points which may be credited to a Soldier during a retirement year are a maximum of 365 (366 during leap year) points, and a maximum of 90 points for inactive duty training and membership points; however, the Annual or Terminal Statement of Retirement Points will report all points earned.

11.  Army Regulation 135-180 (Qualifying Service for Retired Pay Non-Regular Service) implements statutory authorities governing the granting of "retired pay" to Soldiers and former Reserve Component Soldiers.  Chapter 2 (Criteria) provides eligibility criteria and, in pertinent part, states that in order to qualify for non-regular retirement, a member must have attained age 60, completed a minimum of 20 years of qualifying service, and served the last 6 years of his or her qualifying service as a Reserve Component Soldier.  Paragraph 2-8 defines qualifying creditable service and states, in pertinent part, that a Reserve Component Soldier must earn a minimum of 50 retirement points each RY to have that year credited as qualifying service.

12.  Title 10, United States Code (USC), section 12731 (Age and service requirements), provides that a person is entitled, upon application, to retired pay computed under section 12739 of this title if the person is at least 60 years of age; has performed at least 20 years of service computed under section 12732 of this title; and in the case of a person who completed the service requirements after 4 October 1994, performed the last six years of qualifying service while a member of any category named in section 12732(a)(1) of this title, but not while a member of a regular component.

13. Title 10, USC, section 12731a, in effect at the time of the applicant's transfer to the Retired Reserve, provided Temporary Special Retirement Qualification Authority.  It authorized the granting of non-regular retirement to members who completed at least 15, but less than 20 years of qualifying service, during the period 23 October 1992 through 31 December 2001, under policies established by the Secretary concerned for Soldiers involuntarily separated to support the drawdown of military forces.  The provision of this law was applicable to Reserve Component Soldiers impacted by unit downsizing.  The law provided no provisions for granting additional service credit for service not performed. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his military service records should be corrected to show creditable service for at least 15, but less than 20 qualifying years of service for retired pay based on his active duty service from 27 March 1969 to 1 November 1970 and from 11 October 1990 to 3 July 1991 that is not recorded on his Chronological Statement of Retirement Points.


2.  The evidence of record shows that the applicant served on active duty from 27 March 1969 to 1 November 1970; completed 1 year, 7 months, and 5 days of net service during this period; and he was credited with 585 active duty points for this period of service.  Thus, the evidence of record shows that the applicant’s military personnel records properly document this active duty service, his active duty points, and total retirement points for this period of service.  Therefore, the applicant is not entitled to correction of his records in this instance.

3.  The evidence of record shows that the applicant served on active duty from 11 October 1990 to 3 July 1991; completed 8 months and 23 days of net active service during this period; and he was credited with 289 active duty points for this period of service.  Thus, the evidence of record shows that the applicant’s military personnel records properly document this active duty service, his active duty points, and total retirement points for this period of service.  Therefore, the applicant is not entitled to correction of his records in this instance.

 4.  The evidence of record shows that the applicant earned 2,040 total creditable retirement points and a total of 16 years, 2 months, and 25 days of qualifying service for retirement.  The evidence of record also shows that the applicant was issued a Notification of Eligibility for Retired Pay at Age 60 (Selected Reserve
15-Year Letter).  Thus, the evidence of record shows that the applicant’s military personnel records properly document his total creditable military service.  Therefore, the applicant is not entitled to correction of his records in this case.

 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.

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.




      _______ _   _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)                                         AR20080016981



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ABCMR Record of Proceedings (cont)                                         AR20080016981



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