IN THE CASE OF:
BOARD DATE: 18 November 2010
DOCKET NUMBER: AR20100008628
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 recalculation of his qualifying service for a U.S. Army Reserve (USAR) retirement at age 60 and reinstatement to active status and sanctuary so that he can complete the required service to qualify for retirement at age 60.
2. The applicant states that he was discharged on 4 December 2009 with his qualifying years only partially documented. He had over 18 years of qualifying service and should have been granted sanctuary to complete 20 qualifying years of service.
3. The applicant provides copies of two DD Forms 214 (Certificate of Release or Discharge from Active Duty) and his ARPC Form 249-E (Chronological Statement of Retirement Points).
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 13 March 1956. He was appointed a USAR officer and served on active duty from 1 August 1980 to 30 September 1992 until he was separated under the Voluntary Separation Incentive Program.
2. Between 1992 and 2003 he did not actively participate in the USAR. He became an active Reserve participant in May 2003. He was discharged as a major on 4 December 2009 due to being twice passed over for promotion.
3. During the processing of this case an advisory opinion was obtained from the U.S. Army Human Resources Command, St. Louis, Missouri. The Chief Transitions and Separations Branch states the applicant's active duty time was not properly recorded in the Retirement Points Accounting System (RPAS) and that, in fact, he had 19 qualifying years of service. The recommendation was that if the Board grants relief the applicant's discharge should be voided and he should be given 2 years to complete his 20th qualifying year.
4. The advisory opinion was provided to the applicant for comment. He did not respond.
5. His revised RPAS statement shows that on 4 December 2009, the date of his discharge, he had been credited with 48 points for this retirement year, which would have ended on 24 May 2010 had he not been discharged. He was only
2 points shy of completing his 20th qualifying year. Upon his discharge, he had earned a total of 6,029 retirement points.
6. The revised RPAS statement shows he was credited with 8 membership points during that last anniversary year, which ended early when he was discharged effective on 4 December 2009.
7. Title 10, U.S. Code (USC), sub-section section 12646(b) provides that reserve commissioned officers who are entitled to be credited with at least 19 but less than 20 years may not be discharged or transferred from an active status without their consent before the earlier of the following: the date on which they are credited with 20 years or the second anniversary of the date on which they would otherwise be discharged or transferred from an active status.
DISCUSSION AND CONCLUSIONS:
1. The applicant states that he was discharged on 4 December 2009 with his qualifying years only partially documented. He has over 18 years of qualifying service and should have been granted sanctuary to complete 20 qualifying years of service.
2. The applicant had 19 years of creditable service for retirement at age 60 when he was discharged. In accordance with Title 10, USC, sub-section section 12646(b) he was entitled to be retained and granted sanctuary to complete
20 qualifying years.
3. Had the applicant been granted sanctuary, he would have earned an additional 7 membership points during the final anniversary year and he would have earned 55 points for the retirement year ending (RYE) on 24 May 2010.
4. Had he been properly retained, by doing absolutely nothing, the applicant would have had 20 years of qualifying service for pay at age 60.
5. In view of the foregoing findings and conclusions, it would be appropriate to rectify this injustice by correcting the applicants records as recommended below.
BOARD VOTE:
____X___ ____X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. voiding his 4 December 2009 discharge;
b. crediting him with 7 additional membership points for RYE 24 May 2010;
c. showing that he qualifies for retired pay at age 60; and
d. transferring him to the Retired Reserve effective 25 May 2010.
_______ _ _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) AR20100008628
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100008628
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2001 | 2001059536C070421
This would allow him time to complete all the necessary corrections to his service record and achieve his 20 years of service. The applicant’s military record shows on 27 May 1962, he enlisted in the United States Army Reserve (USAR) for 6 years. Army Regulation 135-180, at paragraph 1-4, states that retired pay is pay granted Reserve component soldiers under Title 10, United States Code, Section 1331, after completion of 20 or more years of qualifying service [a qualifying year requires...
ARMY | BCMR | CY2008 | 20080014303
On 16 September 2008, new information was received from the applicant and Human Resources Command, St. Louis, Missouri (HRC-St. Louis) retirement officials regarding the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070009174, dated 22 April 2008. The Board determined that the evidence presented was sufficient to warrant amendment of the decision of the Army Board for Correction of Military Records set forth in Docket Number AR20070009174, dated...
ARMY | BCMR | CY2010 | 20100014331
Counsel requests the following: a. reinstatement to active duty to complete two years of service towards retirement; b. two years of constructive service credit; and/or c. consideration for lieutenant colonel (LTC) by a special selection board (SSB); and/or d. transfer to the Retired Reserve. Title 10, U.S. Code, section 12646(a) states if on the date prescribed for discharge or transfer from an active status a Reserve commissioned officer is entitled to be credited with at least 18, but...
ARMY | BCMR | CY2005 | 20050016038C070206
The applicant requests, in effect, that his records be corrected to show he qualified for a Reserve retirement. That office noted that, when the applicant was discharged in December 1989, the Retirement Points Accounting System did not show he had completed 18 years of qualifying service. His records were later corrected to show he completed 19 years of qualifying service for a Reserve retirement.
ARMY | BCMR | CY2008 | 20080016144
The applicant requests, in effect, that the records of her deceased spouse, a former service member (FSM), be corrected to show he completed 20 qualifying years of service for a non-Regular retirement and that she be entitled to receive a Reserve Component Survivor Benefit Plan (RCSBP) annuity. Instead of recommending that the 5 excess retirement points be redistributed to membership points in the retirement year beginning 6 November 2007 and ending 11 July 2008, the Chief, Personnel...
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 | 20100018319
The applicant provides: * message with endorsements pertaining to his request for unqualified resignation, dated 9-31 March 1992 * DD Form 214 for the period ending 1 June 1992 * letter from the Defense Finance and Accounting Service, dated 28 December 1992 * Notification of Eligibility for Retired Pay at Age 60 memorandum, dated 2 July 2003 * memorandum for record, dated 9 November 2006 * request for Contingency Operations Temporary Tour of Active Duty (COTTAD) memorandum, dated 23 January...
ARMY | BCMR | CY2003 | 2003084890C070212
The applicant requests, in effect, reconsideration of his earlier appeal to correct his military records by revoking his transfer to the Retired Reserve, reinstating him to an active status and awarding him sufficient credit to permit him to qualify for retired pay at age 60. The Board notes that the DA Form 1380 provided by Mr. R_____ only shows 50 retirement points in column c. The Board is accepting this information as it is intended to be used, to establish participation and qualify the...
ARMY | BCMR | CY2009 | 20090014550
Title 10, U.S. Code, section 12646(a) states if on the date prescribed for discharge or transfer from an active status a Reserve commissioned officer is entitled to be credited with at least 18, but less than 19 years of qualifying service, he may not be discharged or transferred from an active status before the earlier of (1) the date on which he is entitled to be credited with 20 years of qualifying service or (2) third anniversary of the date on which he otherwise would be discharged or...
ARMY | BCMR | CY2012 | 20120021168
The applicant provides: * Personnel Qualification Record * USCG Academy cadet records * ARNG enlistment documents * NGB Form 23 (Report of Separation and Record of Service) * 1995 OCS Diploma * ARNG Retirement Credits Record * June 1996 through 1997- November 2003 RPASs * 1997 appointment memorandum * 1999 DD Form 215 (Correction to DD Form 214) * 2007 college transcript * 2011 Memorandum for Record * 2011 Retirement Points memorandum * 2011 Legal Review of Retirement Points Issue...