IN THE CASE OF:
BOARD DATE: 5 August 2010
DOCKET NUMBER: AR20100000845
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 she be awarded nonregular retired pay.
2. The applicant states she served in the U.S. Army Reserve (USAR) for 21 years and should be entitled to retired pay.
3. The applicant provides no additional documentation.
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 was born on 7 January 1940 and enlisted in the USAR on 28 September 1974. Records show she rose to the rank of sergeant first class (SFC)/E-7.
3. The applicant's Army Reserve Personnel Command (ARPC) Form 249-E (Chronological Statement of Retirement Points) shows the following points history for her retirement years ending 27 September:
BEGINNING
YR-MO-DAY
ENDING
YR-MO-DAY
QUALIFYING FOR RETIREMENT
YRS-MOS-DAYS
TOTAL CREDITABLE POINTS
1974-09-28
1975-09-27
00-00-00
0029
1975-09-28
1976-09-27
01-00-00
0073
1976-09-28
1977-09-27
01-00-00
0060
1977-09-28
1978-09-27
01-00-00
0052
1978-09-28
1979-09-27
01-00-00
0066
1979-09-28
1980-09-27
01-00-00
0070
1980-09-28
1981-09-27
01-00-00
0059
1981-09-28
1982-09-27
01-00-00
0075
1982-09-28
1983-09-27
01-00-00
0077
1983-09-28
1984-09-27
01-00-00
0080
1984-09-28
1985-09-27
01-00-00
0078
1985-09-28
1986-09-27
01-00-00
0080
1986-09-28
1987-09-27
01-00-00
0084
1987-09-28
1988-09-27
01-00-00
0075
1988-09-28
1989-09-27
00-00-00
0031
1989-09-28
1990-09-27
00-00-00
0016
1990-09-28
1991-09-27
00-00-00
0015
1991-09-28
1992-09-27
00-00-00
0015
1992-09-28
1993-09-27
00-00-00
0015
1993-09-28
1994-09-27
00-00-00
0015
1994-09-28
1995-09-27
00-00-00
0015
TOTALS 13-00-00 1080
4. The applicant earned qualifying years for retirement from 28 September 1975 through 27 September 1988 by participating in the active USAR. However, in 1989, she voluntarily requested reassignment from the active Reserve to the USAR Control Group (Reinforcement). This had the effect of allowing her to earn only 15 membership points per year which was 35 points less than the minimum number required to earn a qualifying year (50 points).
5. On 23 April 1989, the applicant completed a 6-year enlistment in the USAR, making her expiration of term of service date 22 April 1995. There is no evidence she reenlisted or extended her term of service.
6. Orders D-12-510228, U.S. Army Reserve Personnel Center, St. Louis, MO, dated 12 December 1995, honorably discharged the applicant effective 12 December 1995.
7. Title 10, U.S. Code, sections 12731 through 12740, authorizes retired pay for Reserve component military service. Under this law, a Reserve Soldier must complete a minimum of 20 qualifying years also called "good 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 was discharged from the USAR on 12 December 1995 with the highest grade held as SFC. At that time, she had completed only 13 years of qualifying service for a nonregular retirement at age 60.
2. The law requires 20 qualifying years of service in order to be eligible for retired pay at age 60. Although the applicant was affiliated with the USAR for approximately 21 years from 1974-1995, she did not have the required years for retirement, falling short by 7 years.
3. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
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) AR20100000845
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100000845
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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