Search Decisions

Decision Text

ARMY | BCMR | CY2010 | 20100013337
Original file (20100013337.txt) Auto-classification: Denied

		


		BOARD DATE:	  20 January 2011

		DOCKET NUMBER:  AR20100013337 


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 she be provided a 15-year letter.  In effect, she is requesting correction of her records to show she qualified for an early Reserve retirement.

2.  The applicant states she completed 15 years in the Army Reserve and qualifies for retired pay but she never received a 15-year letter.  Therefore, she was denied retired pay benefits.

3.  The applicant provides a Chronological Statement of Retirement Points and a letter from the U.S. Army Human Resources Command Transition and Separations Branch, dated 5 February 2010.

CONSIDERATION OF EVIDENCE:

1.  The applicant was born on 12 April 1950.  She was appointed a Reserve commissioned officer effective 29 July 1975.  She was promoted to major on 
31 May 1988.

2.  On 29 November 1995, she was notified that she had been considered twice for promotion but not selected.  She elected to be transferred to the Retired Reserve.  She was also informed that a transfer to the Retired Reserve did not automatically entitle her to pay, allowances, or other benefits.

3.  Orders, dated 14 December 1995, transferred her from the Individual Ready Reserve to the Retired Reserve, due to promotion non-selection, effective         14 December 1995.  At that time, she had completed 15 years of qualifying service towards a Reserve retirement.

4.  Her chronological statement of retirement points shows she stopped earning drill points during retirement year ending 28 July 1990.

5.  She applied for retired pay in an application, dated 10 June 2008.  Her application was denied on 5 February 2010 due to her not providing a copy of the 15-year letter, Notification of Eligibility for Retired Pay at Age 60.

6.  Army Regulation 135-180 implements statutory authorities governing the granting of retired pay to Soldiers and former Reserve component Soldiers.  Paragraph 2-1 of this regulation states that to be eligible for retired pay, an individual need not have a military status at the time of application, but must have attained age 60, completed a minimum of 20 years of qualifying service, and served the last 8 years of his/her qualifying service as a Reserve component Soldier.

7.  Title 10, U.S. Code, section 12731a was the temporary special retirement qualification authority.  It provided that, during the period 1 October 1991 through 30 September 1999 (later extended to 31 December 2001), a member of the Selected Reserve who completed at least 15, and less than 20, years of qualifying service as of 1 October 1991 could, upon the request of the member, be transferred to the Retired Reserve.  The Secretary concerned could limit the applicability of this section to meet the needs of the Service.

8.  Public Law 103-337, dated 5 October 1994, established early reserve retirement eligibility for Soldiers involuntarily separated from the Selected Reserve due to physical disability during the period 5 October 1994 through 
30 September 1999 (later extended through 30 September 2001).  Eligibility is based on a minimum of 15 years of qualifying service toward Reserve Component retirement.  Title 10, U. S. Code, section 12731a(a)(1) was amended to extend the Early Reserve Retirement Eligibility for Disabled Members to the period beginning on 23 October 1992 and ending on 1 October 1999 to Selected Reserve Soldiers who attained 15 years of retirement eligibility as of 1 October 1991.

9.  Army policy at the time, highly publicized, was that early retirement under Selected Reserve Transition Program Type “XC” was authorized to an individual 

who was a member of the Selected Reserve during the 12-month period prior to separation; who lost a valid unit position due to unit inactivation, reorganization, or relocation; who completed 15, but less than 20 years of qualifying service; who was issued a 15-year letter by Transitions and Separations; and, if separated after 5 October 1994, whose last 6 years of service were in a Reserve Component.  The individual must have requested assignment to the Retired Reserve with early qualification for retired pay at age 60 by completing a DA Form 4187 (Personnel Action).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that she should be issued a 15-year letter in order to qualify for a Reserve early retirement has been carefully reviewed.

2.  She did not complete a minimum of 20 years of qualifying service for a Reserve retirement; therefore, she is not entitled to retire pay at age 60.  Additionally, she had 15 years of qualifying service for a Reserve retirement when she was transferred to the Retired Reserve due to being a two-time nonselect for promotion and not because of physical disability or loss of a valid unit position due to unit inactivation, reorganization, or relocation.  Further, it appears she may have left her Selected Reserve status in 1990, prior to the period authorizing a 15-year retirement for Selected Reserve personnel.

3.  Accordingly, she is not entitled to a 15-year letter and she is not eligible for a Reserve early retirement.

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)                                         AR20100013337



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100013337



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2006 | 20060014373C071029

    Original file (20060014373C071029.doc) Auto-classification: Approved

    The applicant requests, in effect, that his records be corrected to show he qualified for an early Reserve retirement. The applicant states that the 88th RSC informed him he was being assigned to the Retired Reserve effective 13 November 1997. The authority on the orders was listed as Selected Reserve Transition Program Type “XC.” At that time, he had completed 18 years and 10 months of qualifying service for a Reserve retirement.

  • ARMY | BCMR | CY2007 | 20070011054

    Original file (20070011054.txt) Auto-classification: Approved

    This official stated that based on the applicant's Chronological Statement of Retirement Points, only 19 years of qualifying service for retired pay could be verified and therefore, her request for retired pay was denied. However, TERA provisions of the law in effect at the time of the applicant's transfer to the Retired Reserve provided for granting non-regular retirement at age 60 eligibility to those members of the Reserve who had completed 15 but less than 20 years of qualifying service...

  • ARMY | BCMR | CY2012 | 20120003532

    Original file (20120003532.txt) Auto-classification: Approved

    A review of the applicant's Interactive Personnel Records Management System (iPERMS) file shows he requested assistance in completing his retirement packet on 7 December 2011. Army policy at the time, which was highly publicized, stated that separation pay based upon total number of retirements points and base pay under the Selected Reserve Transition Program Type “XE” was authorized to an individual who was a member of the Selected Reserve during the 12-month period prior to separation;...

  • ARMY | BCMR | CY2012 | 20120015674

    Original file (20120015674.txt) Auto-classification: Denied

    c. As a commissioned officer with an indefinite term appointment, she still has an Active Reserve status and should be allowed to receive retirement pay from the obligation date of her MRD of 6 April 1999. d. she was not properly notified to have her records reviewed and updated prior to them being considered by the Reserve Components Selection Board (RCSB) in accordance with Army regulations, public law, Department of Defense Instructions (DODI); and 10 USC. Since she did not meet the...

  • ARMY | BCMR | CY2010 | 20100010203

    Original file (20100010203.txt) Auto-classification: Denied

    On 6 June 1997, HRC notified the applicant he had not been selected for promotion for a second time and that he must be discharged or transferred to the Retired Reserve. On 1 March 1998, the applicant was transferred to the Retired Reserve. It provided that, during the period beginning 23 October 1992 through 30 September 1999 (later extended to 31 December 2001), a member of the Selected Reserve who had completed at least 15, and less than 20 years of qualifying service as of 1 October...

  • ARMY | BCMR | CY2012 | 20120017853

    Original file (20120017853.txt) Auto-classification: Approved

    The applicant states he was told by the 102nd U.S. Army Reserve (USAR) Command that he would be retired from the USAR due to unit inactivation with entitlement to pay and benefits at age 60. The applicant provides Orders 117-018 transferring him to the Retired Reserve. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * Showing he was eligible for retired pay at age 60 * Showing his application for retired pay at age 60...

  • ARMY | BCMR | CY2011 | 20110002228

    Original file (20110002228.txt) Auto-classification: Denied

    Correction of her records as follows: * void her discharge from the USAR * issue her a 20-year letter for having completed 15 qualifying years of service * authorize her Regular Army retirement pay effective 12 April 1996 * authorize her access to the Selected Reserve Transition Benefits Program (SRTBP) * authorize her separation pay * reinstate her commission and reassign her to the Retired Reserve effective 12 April 1996 * correct her military records to include anything that contains...

  • ARMY | BCMR | CY2010 | 20100015959

    Original file (20100015959.txt) Auto-classification: Denied

    The applicant states, in effect, that he: * was reassigned from the U.S. Army Reserve (USAR) Control Group (Reinforcement) to the Retired Reserve * He has not been discharged or provided notice of eligibility for retired pay * He realizes he is not qualified for a 20-year retirement from the Army Reserve * He contacted the Army Human Resources Command (HRC) and it was suggested that he continue to remain in the Retired Reserve past age 60 * On 10 May 2010, he received an undated, unsigned...

  • ARMY | BCMR | CY2010 | 20100010201

    Original file (20100010201.txt) Auto-classification: Denied

    The applicant was transferred to the U.S. Army Reserve and was promoted to CW3 effective 30 September 1992. It provided that, during the period beginning 23 October 1992 through 30 September 1999 (later extended to 31 December 2001), a member of the Selected Reserve who had completed at least 15, and less than 20 years of qualifying service as of 1 October 1991 could, upon the request of the member, be transferred to the Retired Reserve. Paragraph 4-4a provided, in pertinent part, that...

  • ARMY | BCMR | CY2004 | 20040008110C070208

    Original file (20040008110C070208.doc) Auto-classification: Denied

    The applicant requests repayment of her student loans under the Student Loan Repayment Plan (SLRP) and payment of her enlistment bonus per her enlistment contract. The applicant states that after she enlisted, her bonus unit of assignment was deactivated and Soldiers were reassigned. Section III of the applicant's DA Form 5261-4-R (Student Loan Repayment Program Addendum) shows she contracted for assignment to the 8th Legal Support Organization, Team 3, Wichita, KS to serve in MOS 71D...