IN THE CASE OF:
BOARD DATE: 8 January 2009
DOCKET NUMBER: AR20080018865
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).
CONSIDERATION OF ADDITIONAL EVIDENCE:
9. On 5 December 2008, new information was received from the Chief, Transition and Separations Branch, U.S. Army Human Resources Command, St. Louis, Missouri in regard to the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070019011, dated 3 July 2008. He indicated that the law in effect at the time required the last eight years of qualifying service to be performed while a member of a Reserve Component.
10. Title 10, U.S. Code, section 12731(a) states that a person 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 at the time the applicant completed 20 years of qualifying service, the last eight years of qualifying service must have been performed while a member of a Reserve Component.
ADDITIONAL DISCUSSION AND CONCLUSIONS:
2. At the time of the decision of the ABCMR in Docket Number AR20070019011, dated 3 July 2008, it was the intent of the ABCMR to make the applicants record as administratively correct as it should properly have been at the time.
3. The ABCMR's decision in Docket Number AR20070019011 erroneously concluded the applicant needed only to complete his last six years of qualifying service in a Reserve Component.
4. The applicant's records should be corrected to show his last eight years were qualifying service.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
2. The Board determined that the evidence presented was sufficient to warrant amendment of the decision of the Army Board for Correction of Military Records set forth in Docket Number AR20070019011, dated 3 July 2008, to show the applicant's last eight years of qualifying service were performed as a member of a Reserve Component.
______________________
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) AR20080018865
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
SUPPLEMENTAL RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080018865
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100025299
This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants 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. His Army National Guard Retirement Points History Statement, dated 3 September 2008, shows he completed 20 years, 2 months, and 7 days of qualifying service for retired pay. Therefore, the Board determined that the overall merits of this...
ARMY | BCMR | CY2008 | 20080013569
He contends that he completed his last five years in a Reserve Component as of retirement year ending (RYE) 2004 and that in April 2005 the law changed eliminating the requirement for Soldiers to complete the last six years in a Reserve Component to qualify for retirement. In a letter, dated 29 August 2008, the applicant states that he served 15 years on active duty and another five years in the U.S. Army Reserve (USAR). The opinion pointed out that the applicant lacked the last 6 years of...
ARMY | BCMR | CY2009 | 20090003839
The applicant provides the following documents in support of his application: * Two letters of response, dated 20 February 2009 and 19 December 2008, from the Chief, Transition and Separations Branch, U.S. Army Human Resources Command, St. Louis, MO (HRC-STL); * Letter, dated 11 February 2009, addressed to the Transition and Separations Branch, HRC-STL; * NGB Form 22 (National Guard Bureau Report of Separation and Record of Service); * DD Form 214 for the period ending 8 January 1978; * NGB...
ARMY | BCMR | CY2005 | 20050003950C070206
The applicant requests that his records be corrected to show he qualified for a non-regular retirement. On 31 August 1973, he was honorably discharged upon his expiration term of service after completing 4 years, 4 months, and 8 days of creditable active service that period. Section 3914 of Title 10, U. S. Code, provides that an enlisted member of the Army who has at least 20 years of active Federal service may retire for length of service.
ARMY | BCMR | CY2006 | 20060005641C070205
The applicant requests, in effect, correction of his records to show he completed 20 years of qualifying service for retired pay at age 60 and receipt of his notification of eligibility for retired pay at age 60 (20- Year Letter). He also states that he does not see how he could be in the Reserves the last eight years because he was on active duty his last 16 years of service and was given a disability discharge at that time. By law to qualify for a Reserve retirement, the applicant was...
ARMY | BCMR | CY2009 | 20090002071
On 18 December 2008, the U. S. Army Human Resources Command - St. Louis informed him he was not eligible for retired pay as he had completed only 19 years, 10 months, and 8 days of qualifying service for retirement and his last 8 years of qualifying service were not in a Reserve Component. This correction of records may have an effect on the applicants SBP status/coverage. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2009 | 20090016556
It states a person is eligible to receive retired pay at age 60 upon application if they have completed 20 or more years of qualifying service while a member of an RC. The evidence of record confirms the applicant was medically disqualified from further service while serving in the Selected Reserve and transferred to the Retired Reserve on 18 November 2007. The record also shows the applicant completed only 2 years of qualifying service in the USAR.
ARMY | BCMR | CY2008 | 20080014149
The applicant's military personnel record shows he enlisted in the Regular Army on 30 June 1976. The evidence shows that the applicant only has 7 years, 8 months, and 8 days of qualifying service for retired pay. The law states that a reservist is entitled to retired pay at age 60 if he or she has performed at least 20 years of qualifying service.
ARMY | BCMR | CY2006 | 20060012422
This opinion points out that the applicant completed his 20th qualifying year on 31 May 1991 and that at that time he was a Regular Army officer. 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; had performed at least 20 years of qualifying service the last six years of qualifying service while a member of a Reserve Component, except that in the case of a person who...
ARMY | BCMR | CY2008 | 20080006681
He contends that he was denied retirement as an SFC/E-7 because the Army indicated that there was no record that he served in the USMC. The applicant had prior service in the USMC Reserve and USMC. His final DD Form 214 from the USMC, with an effective date of 9 April 1977, shows that he held the rank and grade of gunnery sergeant/E-7 (the equivalent of SFC/E-7 in the Army).