IN THE CASE OF:
BOARD DATE: 15 October 2009
DOCKET NUMBER: AR20090007411
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 that he be credited with qualifying years of service for retired pay at age 60 for the 9 years he spent working as a contractor in Kuwait City.
2. The applicant states that the Army has deemed his position essential to its mission in Kuwait. He says he proposes this idea in lieu of prolonging the investigation into lost retirement points.
3. The applicant provides a U.S. Army Reserve Personnel Command (ARPC) Form 249-E (Chronological Statement of Retirement Points).
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show that he enlisted in the U.S. Army Reserve (USAR) on 18 June 1979 and served continuously in the USAR.
2. On 20 July 2007, orders were issued ordering the applicant to 400 days of active duty. Those orders were revoked on 30 August 2007. On 31 August 2007, the applicant was transferred from the USAR Control Group (Reinforcement) to the Standby Reserve (Active List) based on a determination that he was a key employee.
3. The ARPC Form 249-E shows that the applicant has 13 years of qualifying service for retired pay at age 60.
4. The Department of Defense Pay Manual (DODPM), paragraph 10101, lists service which is creditable military service. Working as a civilian contractor is not contained on this list.
5. Army Regulation 135-180 (Army National Guard and Army Reserve Qualifying Service for Retired Pay Nonregular Service) implements the statutory authority governing what constitutes qualifying service for retired pay for nonregular service in the Reserve Components. Chapter 2, in pertinent part, states that to be eligible for retired pay, an individual must have attained the age of 60 and completed a minimum of 20 years of qualifying service. A qualifying year is defined as a year of service during which a Reserve member earns at least 50 retirement points.
DISCUSSION AND CONCLUSIONS:
1. There are no provisions in the DODPM to credit a Reserve member with qualifying service for work performed as a civilian contractor. As such, there is no basis for granting the applicant's request.
2. If the applicant believes that he should have been credited with additional retirement points for service he performed as a Reserve member, he should submit documents verifying his duty performance to the U.S. Army Human Resources Command, St. Louis, MO.
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) AR20090007411
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090007411
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090005307
This form further shows that during the period from 27 December 2006 through 31 May 2007, the applicant was in an inactive status and thus received zero retirement points. Correcting his records to show he remained in the IRR, and thus voiding his service in the Standby Reserve (Inactive List), would readjust his last few retirement years to 13 May 2006 through 12 May 2007 (during which his 21 additional points would added), 13 May 2007 through 12 May 2008 (which would still be a qualifying...
ARMY | BCMR | CY2010 | 20100020968
The applicant requests, in effect, correction of his military records to show he completed 20 qualifying years of service for nonregular retirement and receipt of retired pay at 60 years of age. His ARPC Form 249-E, dated 29 December 2010, shows the applicant completed a total of 17 years, 4 months, and 26 days of qualifying service towards retired pay. The applicant contends that his ARPC Form 249-E contains a 5-year error which should be corrected to show he completed 20 qualifying years...
ARMY | BCMR | CY2010 | 20100020259
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 22 July 1964 to show he completed 3 years of active service instead of 2 years, 11 months, and 2 days. The applicant states the requested credit of an additional 29 days of active service would allow him to retire from the U.S. Army Reserve (USAR). His USAR Personnel Command (ARPC) Form 249-E (Chronological Statement of Retirement Points) shows he...
ARMY | BCMR | CY2009 | 20090004629
An ARPC Form 249-2-E shows the applicant was credited with completing 18 years, 2 months, and 14 days of qualifying service for retired pay at age 60. In pertinent part, it provides that an annual Statement of Retirement Points will be prepared for all Soldiers regardless of the number of points awarded. The applicant should have received annual retirement point statements and been aware of the number of qualifying years that he had completed for retirement pay long before he was...
ARMY | BCMR | CY2010 | 20100020747
The applicant requests reconsideration of his request for correction of his records to show he completed 20 years of qualifying service for retirement and issuance of a "20 year letter" (i.e., Notification of Eligibility for Retired Pay at Age 60). A letter from the Chief, Transition and Separations, USA HRC, St. Louis dated 27 July 2010, that shows the applicant was advised that: (1) he is currently ineligible for retirement at age 60 as he has not completed 20 or more qualifying years of...
ARMY | BCMR | CY2013 | 20130014445
Paragraph 6-1 (Eligibility) states that assignment to the Retired Reserve is authorized and that eligible Soldiers must request a transfer to the Retired Reserve if they meet the criteria for such a transfer. Transfer to the Retired Reserve is authorized when requested by Soldiers who are eligible. In light of the foregoing, it would now be equitable and just to correct her military records by voiding the 24 May 2011 discharge from the USAR and assigning her to the Retired Reserve...
ARMY | BCMR | CY2013 | 20130001707
In effect, he requests correction of his records to show he was transferred to the Retired Reserve effective 12 December 1995 in lieu of being discharged from the U.S. Army Reserve (USAR). The ARPC Form 249-E he submitted shows he was assigned to the USAR effective 30 January 1985. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending ARPERCEN Orders D-12-511215, dated 12 December 1995, to show he was transferred to...
ARMY | BCMR | CY2012 | 20120021824
His records contain a Chronological Record of Military Service, dated 18 October 1989, wherein it shows, he had 13 years, 10 months, and 5 days of qualifying service for retirement as of 2 November 1989 and a total of 2,396 retirement points. The applicant provides, and his records contain, a Chronological Statement of Retirement Points, dated 13 July 2011, wherein it shows he had 19 years, 6 months, and 18 days of qualifying service for retirement as of 20 July 1991 and a total of 2,676...
ARMY | BCMR | CY2010 | 20100006960
On 28 October 2009, by letter to his Member of Congress, HRC-STL stated that to be eligible for retired pay at age 60 by law, a Reserve Component (RC) Soldier must have completed a minimum of 20 qualifying years of service and that as of 1 July 1949, the last 8 qualifying years must be in an RC. Army Regulation 135-180 (Army National Guard and Army Reserve Qualifying Service for Retired Pay Nonregular Service), paragraph 2-1a, states that to be eligible for retired pay an individual does...
ARMY | BCMR | CY2008 | 20080013778
Army Regulation 135-180 (Qualifying Service for Retired Pay, Nonregular Service), in effect at the time of the applicant's separation, states: a. a qualifying year for the purposes of qualifying for nonregular service retired pay is determined to be any year in which a service member earns a minimum of 50 retirement points; b. to be eligible for retired pay, an individual need not have a military status at the time of application, but must have: (1) attained age 60, (2) completed a minimum...