IN THE CASE OF:	  

		BOARD DATE:	  17 February 2011

		DOCKET NUMBER:  AR20100020747 


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 request for correction of his records to show he completed 20 years of qualifying service for retirement and issuance of a "20 year letter" (i.e., Notification of Eligibility for Retired Pay at
Age 60).
 
2.  The applicant states he spoke with Mr. Stephen H. W, Chief, Transition and Separations, U.S. Army Human Resources Command (USA HRC), St. Louis, on 26 July 2010, and he informed the applicant he only needed one (1) retirement point to complete his last year with the minimum amount of points needed for a good retirement year.  He adds this would give him 20 good years for retirement.

   a.  He states he currently has 49 points for his retirement year ending (RYE)
4 June 1992.  One point could be transferred from his RYE 7 September 1980 because it was a leap year and he has a total of 366 points.

   b.  The applicant states his last 3 years in the U.S. Army Reserve (USAR) were plagued with numerous problems.  Officers in his chain of command and supervision retaliated against him for going to the Inspector General after his unit refused to fund his completion of Phase II of the Combined Arms and Services Staff School (CAS3).  He was denied annual training in 1990 and creditable retirement points.

3.  The applicant provides a letter from the Chief, Transition and Separations, USA HRC, St. Louis and ARPC Form 249-E (Chronological Statement of Retirements Points).
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 AR20090018469 on 1 June 2010.

2.  The applicant provides new arguments in support of his previous request and he raises new issues that require reconsideration.  

3.  The applicant was born on 16 August 1950.  Having prior enlisted service in the Army of the United States and USAR, the applicant was appointed as a Reserve second lieutenant on 8 September 1978 and entered active duty.  He was released from active duty on 8 March 1981 and transferred to the USAR.  He was promoted to captain on 15 July 1983.

4.  On 13 April 1992, the applicant requested resignation for the good of the service.  He was discharged under other than honorable conditions on 4 June 1992.  On 7 October 1997, the Army Discharge Review Board upgraded the applicant's discharge to general under honorable conditions.

5.  The applicant was issued a Notification of Eligibility for Retired Pay at Age 60, dated 4 February 1999.

6.  On 9 July 2009, the Chief, Transition and Separations, USA HRC, St. Louis, informed the applicant by letter that his "20 year letter," dated 4 February 1999, was revoked.  The notification shows the revocation was based on the fact he was involuntarily discharged from the Army prior to completing 20 qualifying years of service and he was not entitled to retired pay and benefits at age 60.

7.  In support of his request for reconsideration, the applicant provides the following documents:

   a.  A letter from the Chief, Transition and Separations, USA HRC, St. Louis dated 27 July 2010, that shows the applicant was advised that:

       (1)  he is currently ineligible for retirement at age 60 as he has not completed 20 or more qualifying years of military service;

       (2)  his original "20 year letter" was revoked in July 2009 because it was determined that several retirement points were added to the applicant's record after the effective date of his discharge;

       (3)  the applicant needs one retirement point in RYE 4 June 1992 to make that a qualifying year of service; and

       (4)  The Chief, Transition and Separations, recommended the applicant apply to the ABCMR asking one point be granted in RYE 4 June 1992 based on the grounds of compassion and the fact the applicant believed he was retirement eligible.

   b.  A Chronological Statement of Retirement Points that shows the applicant  completed 19 years, 2 months, and 6 days of qualifying service.  It shows for:

       (1)  RYE 4 June 1992, the applicant was credited with 8 months and
28 days of qualifying service for retirement and 49 total points creditable;

       (2)  in the Total Points Creditable column, the applicant earned at least
50 retirement points for 18 of his retirement years that are credited as qualifying service; and

         (3)  with his commission on 8 September 1978, his retirement year began on 8 September and ended on 7 September.

8.  Army Regulation 140-185 (Training and Retirement Points Credit and Unit Level Strength) prescribes the types of training and activities for which retirement points are authorized and the procedures for recording retirement point credits and training for USAR Soldiers (Ready Reserve and Active Standby Reserve).
It provides that an annual Statement of Retired Points will be prepared for all Soldiers regardless of the number of points awarded.  The purpose of the statement is to give a permanent record of the total retirement points a Soldier earns during a retirement year; to tell the Soldier whether he/she earned sufficient points to be credited with a qualifying period for retired pay or for retention in an active status; and to give the Soldier an opportunity to request correction of errors in the statement.

9.  Army Regulation 135-180 (Qualifying Service for Retired Pay Nonregular Service) implements statutory authorities governing the granting of retired pay to Soldiers and former Reserve components Soldiers.  Chapter 2 (Criteria) provides in:

   a.  paragraph 2-1 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 or her qualifying service as a Reserve Component Soldier.

   b.  paragraph 2-8b that, after 30 June 1949, a reservist must earn a minimum of 50 retirement points each retirement year to have that year credited as qualifying service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant asks that he be credited with one additional retirement point for RYE 4 June 1992 which would give him one additional qualifying year for retirement and, in effect, also give him 20 qualifying years of service for a        "20 year letter" and allow him to retire at age 60.

2.  The applicant's contention was carefully considered.

   a.  With respect to the applicant's eligibility for nonregular retirement, the ARPC Form 249-E is a record of points earned from all sources in a retirement year.  It determines if that year is creditable towards 20 years of qualifying service for retired pay.

   b.  The applicant contends that the Chief, Transition and Separations, informed him on 26 July 2010 that he only needed one retirement point in RYE 1992 in order to have 20 good years for retirement.  The letter did state, [the applicant's ARPC Form 246-E] "reflects that you need one retirement point in RYE 1992 to make that a qualifying year of service."  However, this statement is not correct.  

   c.  In this case, the ARPC Form 249-E shows the applicant completed a total of 19 years, 2 months, and 6 days of qualifying service for nonregular retirement. However, it also shows that his retirement year beginning on 8 September 1991 ended on 4 April 1992.  

   d.  Even if the Board did grant the applicant's request to move one retirement point to RYE 4 June 1992, that RYE would still not be a qualifying YEAR, and the applicant would still only have 19 years, 2 months, and 6 days of creditable service.  That RYE could only become a qualifying YEAR if the date of his 4 June 1992 resignation for the good of the service were changed to 7 September 1992.

3.  Therefore, in view of all of the foregoing, there is no basis to grant the relief requested.



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 AR20090018469, dated 1 June 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)                                         AR20100020747



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100020747



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1