IN THE CASE OF:
BOARD DATE: 31 March 2011
DOCKET NUMBER: AR20100015706
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 correction of his records to show he completed 20 years of qualifying service for retired pay at age 60.
2. He states he would like:
* his records to reflect his commitment of service to his country
* to fulfill the promises made to him in 1983 when it was highly recommended that he take advantage of the militarys offer for early retirement
* to be positioned to take advantage of those benefits provided by completing 20 years of service
3. He contends his records are in error because there is more evidence to support his military Reserve service. Hes sure his evidence will confirm at least 17 years of service.
4. He provides 45 documents from his military service record as listed on a document index.
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 applicants 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 applicants 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 2 April 1947. He was inducted into the Army of the United States on 7 September 1966 and was honorably released from active duty on 28 April 1967. He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) on the following day.
3. He was honorably discharged from the USAR on 6 September 1972.
4. He enlisted in the USAR on 7 September 1972 and was honorably discharged on 5 October 1973 at his expiration of term of service.
5. He reenlisted in the USAR on 29 February 1980 and was honorably discharged on 28 February 1983.
6. His Chronological Statement of Retirement Points, dated 22 April 2010, shows he completed 6 years of qualifying service for retired pay at age 60. He was credited with 708 total retirement points.
7. Title 10, U.S. Code, sections 12731 through 12739 authorizes retired pay for Reserve Component military service. Under this law, a Reserve Soldier must complete a minimum of 20 qualifying years of service to be eligible for retired pay at age 60. After 1 July 1949, a qualifying year is one in which a Reserve Soldier earned 50 retirement points or more. 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.
8. Title 10, U.S. Code, section 1315 provided the Temporary Early Retirement Authority (TERA) for the active force for the period 23 October 1992 through 31 December 2001. The Secretary of the Army could authorize a member with at least 15 but less than 20 years of creditable service a length of service retirement. The Army did not utilize this provision of the law during fiscal year 2001 except for members who were recommended for discharge due to physical disability.
DISCUSSION AND CONCLUSIONS:
1. The applicants statements in regard to the reasons he wants his records to show he completed 20 years of service are acknowledged. However, his service record does not indicate that an error or injustice exists in his case.
2. He contends that his military records are in error because his evidence should reflect he served at least 17 years of service. However, the evidence of record does not support his claim.
3. The law provides that a qualifying year is one in which a Reserve Soldier earned 50 retirement points or more. 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.
4. His Chronological Statement of Retirement Points shows he completed only 6 years in which he received 50 points or more of retirement points. Therefore, there is no basis for correcting his records to show he completed 20 years of qualifying service for retired pay at age 60.
5. He states that he would like to fulfill the promises made to him in 1983 when it was highly recommended for him to take advantage of the militarys offer for early retirement. However, the law did not provide for an early retirement in 1983. The TERA program was authorized for the period 23 October 1992 through 31 December 2001 for a member with at least 15 but less than 20 years of creditable service for a length of service retirement. Therefore, he did not serve a period of qualifying service for consideration under this program.
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) AR20100015706
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ABCMR Record of Proceedings (cont) AR20100015706
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