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
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ABCMR Record of Proceedings (cont) AR20100013337
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