IN THE CASE OF:	  

		BOARD DATE:	       25 JUNE 2009

		DOCKET NUMBER:  AR20090004170 


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, the issuance of a Notification of Eligibility for Nonregular Retirement (20-year letter) and entitlement to retired pay at age 60.

2.  The applicant states that he was assigned to the Retired Reserve on 28 July "2008" with 20 or more years of creditable service.  He adds that he believes that his active and Reserve service should be worth something financially per month even if it is quite small and that he has been unfairly denied this.  He also states that if the Board agrees with him, he should at least be issued a military identification card so that he may be allowed to enter a military installation. 

3.  The applicant provides a copy of Orders C-07-021393 issued by the U.S. Army Reserve Personnel Command, St. Louis, MO, on 28 July 2000, in support of his application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he was born on 28 December 1948 and was appointed as a field artillery second lieutenant in the U.S. Army Reserve (USAR) on 21 December 1972 and executed an oath of office on the same date. He was subsequently ordered to active duty on 15 July 1973, completed various training courses, served in various command and staff positions, and was honorably released from active duty in the rank/grade of captain (CPT) and transferred to the USAR Control Group (Reinforcement) on 14 April 1980.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued shows he completed 6 years and 9 months of active service.
2.  On 20 October 1980, the applicant was ordered to active duty as an obligated volunteer officer for a period of 3 years.  He was honorably released from active duty on 10 August 1984 and transferred to the USAR Control Group (Reinforcement).  The DD Form 214 he was issued shows he completed 3 years, 9 months, and 21 days of active service during this period.  

3.  The applicant’s records also show he was promoted in the USAR to major (MAJ) on 20 December 1984 and lieutenant colonel (LTC) on 10 December 1981.

4.  On 16 October 1995, 16 September 1996, 18 February 1998, and 14 January 1999, by letter, the U.S. Army Human Resources Command (HRC), St. Louis, MO, notified the applicant that he was considered for promotion to colonel (COL) by the Fiscal Years 1995, 1996, 1997, and 1998 Reserve Components Selection Boards (RCSB) but not selected for promotion.

5.  On 28 July 2000, HRC-St. Louis, MO, published Orders C-07-021393, directing that the applicant be released from the USAR Control Group (Reinforcement) and reassigned to the USAR Control Group (Retired Reserve) by reason of completion of maximum authorized years of service.  

6.  The applicant’s ARPC Form 249-E (Chronological Statement of Retirement Points), dated 20 May 2009, shows he completed a total of 11 years of creditable service for nonregular retirement.

7.  The applicant turned 60 years of age on 28 December 2008.

8.  Army Regulation 140-10 (Assignments, Attachments, Details, and Transfers) prescribes policies, responsibilities, and procedures to assign, attach, detail, remove, or transfer USAR Soldiers.  Chapter 7 contains guidance on removal from active status and paragraph 7-1a indicates that Soldiers removed from active status will be discharged or transferred to the Retired Reserve upon their request if they are eligible. 

9.  Army Regulation 135-180 (Qualifying Service for Retired Pay Nonregular Service) provides policy for the granting of retired pay to Soldiers and former Reserve Component Soldiers.  It states, in pertinent part, that pay is granted after completion of 20 or more years of qualifying service and upon attainment of age 60.  It states that each qualified individual is responsible to submit an application for retired pay (DD Form 108 [Application for Retired Pay Benefits]) prior to age 60 and that those without a current military status may obtain the form from a local Reserve Component unit or by writing to HRC-St. Louis.
10.  Sections 12731 through 12740 of Title 10, U.S. Code, 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.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be issued a Notification of Eligibility for Nonregular Retirement (20-year letter) and entitled to retired pay at age 60.

2.  Eligibility requirements for retired pay and benefits are based on non-regular or Reserve Components (RC) military service as set forth in Title 10, U.S. Code, sections 12731-12737.  Members of the RC are authorized retired pay upon attaining age 60 and completion of a minimum of 20 qualifying years of service.  A qualifying year is defined as a year in which the RC Soldier earned at least 50 retirement points. 

3.  According to the applicant's most recent chronological statement of retirement points, dated 20 May 2009, he has completed 11 years of qualifying service.  Therefore, he is not eligible for retirement benefits.  The law authorizing retired pay based on service in the RC does not authorize this pay until all requirements have been fulfilled. 

4.  The Army Board for Correction of Military Records does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  The applicant is advised that if he desires an identification card, he should contact the appropriate Defense Enrollment Eligibility Reporting Systems (DEERS) office which can best advise him on his eligibility for such card.

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)                                         AR20090004170



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ABCMR Record of Proceedings (cont)                                         AR20090004170



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