IN THE CASE OF:	  

		BOARD DATE:	  16 June 2011

		DOCKET NUMBER:  AR20100020507 


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 reconsideration of his earlier request that he be awarded sufficient retirement points to allow him to qualify for a nonregular retirement.

2.  He states, in effect, he is concerned how determinations were made regarding his military records.  He contends the Board's determination that he became exhausted and transferred to the Individual Ready Reserve (IRR) was not the case.  He requested the change so that he could serve as part of the Reserve and still have the years needed for retirement.  During his first 2 years in the IRR, he attended the Wheel Mechanic School which was outstanding annual training and after that time, he was consistently told there was no assignment available or money to send him to annual training. 

3.  He states, in effect, he was never told he was ineligible for reenlistment.  He contacted St. Louis when it was time to reenlist and he was told the papers where being sent to him.  However, he was sent discharge papers.  He also states he never faced conflict with his civilian employment during his years of service.  

4.  He states, in effect, he is still requesting that the Board explain why he was not given the opportunity to attend training so that he could obtain the required points to qualify for a retirement.  He would also like to know how an individual could serve the number of years that he has and not have the service needed to retire.  He concludes by stating he never received points for attending Drill Sergeants School or points for his correspondence classes.  
5.  He provides a Chronological Statement of Retirement Points, dated 
29 September 2008, two DA Forms 1380 (Record of Individual Performance of Reserve Duty Training), and information papers from his civilian employer pertaining to military service and pay.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090014017 on 23 February 2010.

2.  The DA Forms 1380 and the information papers from his civilian employer are new evidence that require Board consideration.  

3.  In the original Record of Proceedings, the Board determined that there was no record of the applicant earning retirement points for which he was not credited and that he was not entitled to retired pay due to not having 20 qualifying years of service for a nonregular retirement.  The Board also determined that based on his 3 years of active duty service, his Chronological Statement of Retirement Points should show 12 years of qualifying service instead of the 9 years now shown.

4.  His Official Military Personnel File contains a Chronological Statement of Retirement Points, dated 3 August 1986.  Printed in capital letters on the front side of this form is the statement "READ PARA [paragraph]
3 REVERSE SIDE."  Paragraph 3 on the reverse side of this form states: "Beginning on 1 July 1949, the law has required reservists to earn a minimum of 50 retirement points each full retirement year in order to have that year credited as qualifying service."  Paragraph 4 on the reverse side of this form states:  "Only members assigned to an active status in a Reserve component or in active Federal service are authorized to earn and be credited with retirement points."

5.  He provided DA Forms 1380, dated 18 November 1979 and 17 February 1980, that show he earned 8 retirement points during the period 17-18 November 1979 and 8 retirement points during the period 16-17 February 1980.  He also provided information papers from his civilian employer pertaining to military service and pay.  These documents explained the agency's policy on absences due to military service and are not related to his retirement points or military retirement eligibility.


6.  Title 10, U.S. Code authorizes retired pay benefits to members and former members of the Reserve components who have completed a minimum of 
20 years qualifying service and attained the age of 60.  While a qualifying year is determined to be a year in which a minimum of 50 retirement points have been credited for a reservist, it is a full year (365 or 366 days, as applicable) for a member of the Regular Army.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for reconsideration of his previous appeal to be awarded sufficient retirement points to allow him to qualify for a nonregular retirement has been carefully considered.

2.  The new evidence provided by the applicant fails to show he earned sufficient retirement points to qualify for a nonregular retirement.  

3.  He argues that he was not allowed the opportunity to attend training in order to obtain retirement points.  The Chronological Statement of Retirement Points, dated 3 August 1986, included an explanation on the minimum yearly retirement points required in order to have that year credited as qualifying service.  The form also explain that only members assigned to an active status in a Reserve component or in active Federal service are authorized to earn and be credited with retirement points.  

4.  Based on the above, he should have been aware of the requirements for a nonregular retirement and could have pursued those requirements by other means, i.e. unit transfer or correspondence courses.

5.  Based on the foregoing, the available evidence and the applicant's repeated arguments are insufficient to overturn the original Board's decision. 

6.  In reference to his argument that he never received points for attending Drill Sergeants School or points for his correspondence classes, it appears his Chronological Statement of Retirement Points is incorrect.  He should coordinate with the U.S. Army Human Resources Command, Attn: AHRH-PDR-VI, 1600 Spearhead Division Avenue, Fort Knox, KY 40122, to have it corrected.  

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 to amend the decision of the ABCMR set forth in Docket Number AR20090014017, dated 23 February 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)                                         AR20100020507



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ABCMR Record of Proceedings (cont)                                         AR20100020507



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