IN THE CASE OF:
BOARD DATE: 29 December 2010
DOCKET NUMBER: AR20100015959
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 his status be reviewed and, if he is qualified,
he be issued a 15-year letter pertaining to retirement eligibility.
2. 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 letter from HRC which states their system shows he has 16 qualifying years, and without a 15-year letter he would not qualify for retirement pay
* The sender provided a DD Form 149 for him to request a 15-year letter from the Army Review Boards Agency
* Additionally, the letter states, in effect, that if he received the 15-year letter he can apply for retirement pay.
3. The applicant provides copies of:
* Orders C-03-908423, U.S. Army Reserve Personnel Command, dated 16 March 99, reassigning applicant from the USAR Control Group (Reinforcement) to the Retired Reserve, effective 18 March 1999
* A chronological statement of retirement points, HRC, St. Louis, MO
* A copy of an undated, unsigned letter the applicant claims he received from HRC
CONSIDERATION OF EVIDENCE:
1. On 30 July 1970, the applicant was commissioned a second lieutenant in the USAR.
2. The applicant served in various positions in the Ready Reserve until he was reassigned to the Retired Reserve effective 18 March 1999.
3. The applicant received a letter from the U.S. Army Reserve Personnel Command, dated 31 January 1998, that advised him that he was about to attain maximum years of service. He was offered discharge or transfer to the Retired Reserve. He chose transfer to the Retired Reserve.
4. Orders C-03-908423, U.S. Army Reserve Personnel Command, dated 16 March 99, were issued reassigning applicant from the USAR Control Group (Reinforcement) to the Retired Reserve, effective 18 March 1999. The reason stated in the orders is: completion of maximum authorized years of service. His statement of retirement points shows he earned 16 qualifying years of retirement as of retirement year ending 17 March 1999.
5. Title 10 of the U.S. Code (USC), section 10143 indicates that the Selected Reserve is comprised of Troop Program Units (TPUs), Active Guard Reserve (AGR) Soldiers, and Individual Mobilization Augmentees (IMAs).
6. Title 10, USC, section 12731 provides the legal authority for age and service requirements for non-regular service retired pay. It states, in pertinent part, that members are entitled to retired pay when they are at least 60 years of age and have performed at least 20 years of qualifying service.
7. Title 10, USC, section 12731a, was a temporary special retirement qualification authority. 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. It was offered to any Selected Reserve member who lost his or her paid drill position due to inactivation, relocation, or reorganization of his or her unit during the drawdown period. It did not include members discharged or transferred because they no longer met qualifications for membership.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he should have received a 15-letter to receive non-regular service retired pay at age 60.
2. The temporary retirement authority was meant to be a drawdown tool to provide a reduced retirement to Selected Reservists who lost their paid positions due to unit inactivation, relocation, or reorganization and was not meant for members who were already scheduled to leave the Selected Reserve for other reasons.
3. The applicant was assigned to the USAR Control Group (Reinforcement), not the Selected Reserve. Therefore, he was not authorized a 15-year letter for non-regular service retired pay at age 60.
4. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20100010203
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100015959
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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