IN THE CASE OF:	  

		BOARD DATE:	  3 August 2010 

		DOCKET NUMBER:  AR20100007543 


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, a transfer to the Retired Reserve and entitlement to retired pay at age 60.

2.  The applicant states his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) assured him of his retirement eligibility.  However, this form was not honored by officials at the U.S. Army Human Resources Command, St. Louis (HRC-STL), when he applied for retirement at age 60.

3.  The applicant provides copies of the following documents:

* NGB Form 22, dated 22 August 1995
* HRC-STL letter, dated 14 December 2009
* NGB Form 23C (Army National Guard Retirement Points History Statement), dated 21 October 2009

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he was born on 5 June 1949 and enlisted in the Louisiana Army National Guard (LAARNG) on 25 July 1972.

2.  He entered active duty for training (ADT) on 5 October 1972, completed basic combat and advanced individual training, and he was awarded what appears to be military occupational specialty 64C (Motor Transport Operator).  He was released from ADT to the control of his ARNG unit on 4 February 1973.

3.  He served with Company D, 769th Engineer Battalion, Donaldsonville, LA, and upon completion of his enlistment commitment, he was honorably discharged from the ARNG in the rank/grade of staff sergeant (SSG)/E-6 on 24 July 1978.  The NGB Form 22 he was issued shows he completed 6 years of service during this period.

4.  After a break in service, he again enlisted in the LAARNG on 23 August 1979. 
He served through multiple extensions in the LAARNG and attained the rank/grade of first sergeant (1SG)/E-8.  His last extension was executed on 23 May 1989 for a period of 6 years and established the expiration of his term of service (ETS) date as 22 August 1995.

5.  On 12 October 1990, he requested a voluntary transfer by memorandum to the Inactive National Guard (ING) effective 1 November 1990 citing personal hardships related to his mother.  He had completed 17 years and 2 months of qualifying service at the time he made his voluntary request.

6.  On 31 October 1990, subsequent to a favorable recommendation by his chain of command, the LAARNG published Orders 224-002 releasing him from the 769th Engineer Battalion and reassigning him to the ING effective 1 November 1990.

7.  On 22 August 1995, he was honorably discharged from the ARNG by reason of ETS.  The NGB Form 22 he was issued shows he completed 15 years of service during this period and had 6 years of prior service for a total of 21 years of longevity (for pay purposes) and for retired pay.

8.  His NGB Form 23, dated 21 October 2009, shows he completed 17 years, 2 months, and 8 days of qualifying service toward nonregular retirement that included the following:

* 6 qualifying years from the date of his initial enlistment (25 July 1972) to the date of his first discharge (24 July 1978)
* 11 qualifying years from the date of his second enlistment (23 August 1979) to the date he was placed in the ING (31 October 1979)
* zero qualifying years from the date he was placed in the ING (1 November 1990) to the date of his discharge (22 August 1995)

9.  There is no indication in his records that shows he reenlisted in the ARNG subsequent to his discharge, or that he was denied reenlistment, or that he suffered a medical condition that rendered him unfit for further service.

10.  At some point in 2009, as he approached age 60, he appears to have submitted a request for retirement at age 60.

11.  On 14 December 2009, HRC-STL notified him by letter that he had not completed a minimum of 20 qualifying years of service, the last 8 of which in a Reserve Component.  An audit of his account showed he completed 17 years, 2 months, and 8 days of qualifying service for retirement and he was therefore ineligible to receive retired pay.

12.  Army Regulation 135-178 (Army National Guard and Army Reserve Enlisted Administrative Separations) prescribes policies and procedures for the separation of Army National Guard and Army Reserve enlisted Soldiers.  Chapter 11 specifies that upon expiration of the Soldier's term of enlistment, reenlistment, or period of statutorily obligated service, the Soldier will be discharged by the separation authority.

13.  Army Regulation 135-180 (Army National Guard and Army Reserve Qualifying Service for Retired Pay Nonregular Service), paragraph 2-1a, indicates that to be eligible for retired pay an individual does not need to have a military status at the time of application for retired pay, but must have:  (1) attained age 60, (2) completed a minimum of 20 years of qualifying service, and (3) served the last 8 years of his or her qualifying service as a Reserve Component (RC) Soldier.  The requirement to serve the last 8 years in an RC was later amended to the last 6 years, and on 26 April 2005 this requirement was reduced to zero years.  This regulation also specifies, in part, that each RC Soldier who completes the service required to be eligible for retired pay at age 60 will be notified in writing with a 
20-year letter within 1 year after he/she completes the service.

14.  National Guard Regulation 680-2 (Personnel Information System - Automated Retirement Points Accounting System (RPAS)) sets responsibilities and procedures for maintaining retirement records, establishes the retirement year ending date, sets notification of eligibility for retired pay at age 60, and sets procedures to apply for retired pay at age 60.  Paragraph 2-7c states the Army National Guard Retirement Points History Statement will be provided the Soldier annually, at the end of his/her retirement year.  Soldiers who disagree with these statements will provide documents to initiate corrections.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be transferred to the Retired Reserve and authorized retired pay at age 60.

2.  The evidence of record shows the applicant was discharged on 22 August 1995 by reason of ETS.  At the time of discharge, he had completed 17 years, 2 months, and 8 days of service for nonregular retirement.  Prior to his ETS, he voluntarily requested to be transferred to the ING without the issuance of a 
20-year letter.  As a senior sergeant, he knew or should have known that service in the ING is not credited for retirement and that he had not completed 20 qualifying years for nonregular retirement.

3.  It is unknown why he did not reenlist and/or extend his last existing reenlistment to complete 20 years of qualifying service for nonregular retirement. 
There is no indication in his records that he was denied reenlistment or that he was medically unfit for reenlistment.  Nevertheless, the fact remains that he did not complete a minimum of 20 qualifying years.

4.  The NGB Form 22 is the discharge document for Soldiers who are discharged from the ARNG.  It is a record of service performed by a Soldier including Reserve Component service as well as active Federal service.  This record may be used to corroborate periods of service performed by a member, but is not used to establish eligibility for nonregular retirement.  The RPAS, on the other hand, is a verification record of points earned from all sources in a retirement year and determines if that year is creditable towards 20 years of qualifying service for retired pay.  In this case, RPAS shows the applicant completed 17 years, 2 months, and 8 days of qualifying service for a Reserve retirement.

5.  It is acknowledged that his NGB Form 22 indicated he completed 21 years of qualifying service for retired pay.  However, his Army National Guard Retirement Points History Statement, which he should have been receiving on an annual basis, shows he completed only 17 years of qualifying service for retired pay.  If that statement was wrong, he should have taken steps to correct it at the time.  If it is wrong, he may still work with his State ARNG to get it corrected by providing the state evidence of additional retirement points earned.

6.  In order for him to receive retired pay at age 60, he did not need to have a military status at the time of application for retired pay, but he must have attained age 60, completed a minimum of 20 years of qualifying service, and served the last 8 years of his qualifying service as an RC Soldier.  Since he only completed 17 years, 2 months, and 8 days, he is ineligible for retired pay.


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)                                         AR20100007543



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)