IN THE CASE OF:
BOARD DATE: 1 September 2009
DOCKET NUMBER: AR20090005058
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 he be granted non-regular (Reserve) retirement.
2. The applicant states he served 13 years in the active Reserve and 10 years in the Individual Ready Reserve (IRR), which should qualify him for retired pay at age 60.
3. The applicant provides a copy of his ARPC Form 249-E (Chronological Statement of Retirement Points) and a copy of a letter from the US Army Human Resources Command (HRC), St. Louis, MO, dated 11 February 2009, informing him he does not qualify for Reserve component retired pay.
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 18 July 1949 and reached age 60 on 18 July 2009. He served in the U.S. Army Reserve (USAR) from 25 September 1973 through 9 March 1999.
2. The applicants ARPC Form 249-E covers a 26-year period of USAR service. He earned qualifying years for retirement pay purposes from 25 September 1973 to 24 September 1977 (4 years), from 25 September 1978 to 24 September 1981 (3 years), and from 25 September 1988 to 24 September 1994 (6 years). During all other periods, he did not earn qualifying years for retirement.
3. The USAR is comprised of the Selected Reserve and the IRR. The Selected Reserve includes Soldiers in Troop Program Units (TPU), Individual Mobilization Augmentees (IMA), and the Active Guard Reserve (AGR). These Soldiers earn sufficient points annually to receive a qualifying year for retirement purposes. Soldiers in the IRR are in the USAR Control Group (Annual Training) or USAR Control Group (Reinforcement). These Soldiers only earn 15 membership points annually, unless they take extension courses or do other things to earn points.
4. In order to earn a qualifying year for retirement purposes, a USAR Soldier must earn a minimum of 50 points per year.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests non-regular retirement based on 13 good years of service in the USAR (at least 50 creditable points per year) and 10 years in the IRR where he did not earn 50 points per year.
2. Unfortunately, the applicant does not qualify for non-regular retired pay. He has not shown that his record is in error or is unjust. Therefore, there is no basis for granting the applicant's requested relief.
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) AR20090005058
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ABCMR Record of Proceedings (cont) AR20090005058
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