BOARD DATE:	  29 April 2010

		DOCKET NUMBER:  AR20090008580 


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 his record be corrected to show he completed sufficient qualifying service for a non-regular Reserve retirement at age 60 and that he be provided all back pay and allowances due as a result. 

2.  The applicant states he earned 3,962 retirement points, which equates to 
23 years of honorable service in the U.S. Army Reserve (USAR).  He claims a review of his record will show inconsistencies in the retirement year ending dates used to calculate his service.  He also states he has reconciled the disparities in the calculation of his retirement points by incorporating the retirement points within the previous year total.  

3.  The applicant provides a self-authored statement, various copies of documents from his military record referred to in the statement, and retirement point calculations in support of his application. 

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s 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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record shows he served on active duty in an enlisted status from 6 October 1965 through 23 September 1969; this service equals 2 years, 
1 month, and 18 days.  

3.  On 24 September 1969, he was appointed a second lieutenant in the USAR and he remained on active duty in that status until 6 May 1971, at which time he was honorably released from active duty and transferred to the USAR Control Group.  The DD Form 214 he was issued at the time shows he completed a total of 5 years and 7 months of active military service. 

4.  In the processing of this case, an advisory opinion was obtained from the U.S. Army Human Resources Command, St. Louis, Missouri (HRC-St. Louis) Annuity and Retirement Office.  It further states after 1 July 1949, a qualifying year is one in which the Reserve Soldier earned at least 50 retirement points.  The opinion also indicates after a review of the applicant's record and the documentation he provided, their office could verify a total of 17 years, 11 months, and 18 days of qualifying service for non-regular retirement at age 60. 

5.  An  ARPC Form 249-E (Chronological Statement of Retirement Points) generated based on the HRC-St. Louis review referred to in the preceding paragraph confirms the applicant earned 3,853 retirement points; completed     17 years, 11 months, and 18 days of qualifying service for retirement; and he was discharged from the USAR on 10 March 1996. 

6.  On 17 September 2009, the HRC-St. Louis advisory opinion was provided to the applicant for possible comment and/or rebuttal.  To date, the applicant has failed to respond. 

7.  Title 10 of the U.S. Code, Sections 12731 through 12740, contain the law governing Reserve Component (RC) retired pay at age 60.  It states an RC 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.

8.  Army Regulation 140-185 prescribes the types of training and activities for which retirement points are authorized and the procedures for recording retirement point credits and training for USAR Soldiers.  It provides that an annual Statement of Retirement Points will be prepared for all Soldiers regardless of the number of points awarded.  The purpose of the statement is to give a permanent record of the total retirement points a Soldier earns during a retirement year; to tell the Soldier whether he earned sufficient points to be credited with a qualifying period for retired pay or for retention in an active status; and to give the Soldier an opportunity to request correction of errors in the statement.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be credited with 20 qualifying years for Reserve retirement has been carefully considered.  However, the evidence is not sufficient to support this claim.  

2.  By law and regulation, a member must earn at least 50 points per year to be credited with a qualifying year of service for retirement, and 20 years of qualifying service to qualify for non-regular retirement at age 60.  

3.  A complete review of the applicant's record and the documents he provides was completed by HRC-St. Louis retirement officials.  This review shows the applicant earned a total of 17 years, 11 months, and 18 days of qualifying service for retirement.  Therefore, given he did not complete the 20 qualifying years for retirement necessary to qualify for retired pay at age 60, there is an insufficient evidentiary basis to support granting the requested relief.  

4.  The computation of retirement points and qualifying year credit is an administrative action performed by HRC St. Louis.  The ABCMR requires the same documentation to verify retirement points and qualifying years as does HRC St. Louis.  Therefore, if the applicant has or can obtain additional records or documentation not included in his record or provided with his application, he should submit them to HRC-St. Louis for further review and a determination if they support award of additional retirement service credit. 

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)                                         AR20090008580



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ABCMR Record of Proceedings (cont)                                         AR20090008580



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