IN THE CASE OF:
BOARD DATE: 19 April 2011
DOCKET NUMBER: AR20100026415
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 her records to show she is entitled to full Reserve retirement (20 years).
2. The applicant states she served 20 years.
3. The applicant provides no additional evidence.
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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. Having prior service in the U.S. Army Reserve and U.S. Air Force, the applicant enlisted in the New Jersey Army National Guard (NJARNG) on 20 April 1989.
3. She entered active duty as a member of her NJARNG unit in support of Operations Desert Shield/Desert Storm on 1 January 1992. She was honorably released from active duty on 25 June 1993. She completed 1 year, 5 months, and 25 days of active service during this period.
4. On 8 February 1996, she submitted a request to transfer to the Retired Reserve with early application for retired pay at age 60. She certified that she had at least 15 years but less than 20 years of qualifying service.
5. A memorandum, Headquarters State Area Command, Fort Dix, NJ, dated 19 March 1996, notified her of her eligibility for retired pay at age 60 with 15 years of service (15 year letter).
6. NJARNG Orders 079-044, dated 19 March 1996, honorably released her from the ARNG effective 19 March 1996 and transferred her to the Retired Reserve.
7. The NGB (National Guard Bureau) Form 22 she was issued contains the following entries:
* item 10a (Net Service this Period) shows 6 years and 11 months
* item 10b (Prior Reserve Component Service) shows 8 months and 17 days
* item 10c (Prior Active Federal Service) shows 10 years, 1 month, and 14 days
* item 10d (Total Service for Pay) shows 17 years, 9 months, and 2 days
8. Her current U.S. Army Reserve Personnel Command Form 249-E (Chronological Statement of Retirement Points), dated 3 March 2011, shows she has 16 years, 9 months, and 14 days of qualifying service for Reserve retirement.
9. Title 10, U.S. Code, section 12731, provides the legal age and service requirements for Reserve retirement. It states that a person is entitled, upon application, to retired pay if the person has attained the applicable eligibility age, has performed at least 20 years of service computed under section 12732 of this title, and is not entitled under any other provision of law to retired pay from an Armed Force or retainer pay as a member of the Fleet Reserve or the Fleet Marine Corps Reserve.
10. Title 10, U.S. Code, section 12731a was the temporary special retirement qualification authority. It provided that, during the period 2 October 1992 through 30 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant submitted a request to transfer to the Retired Reserve with early application for retired pay at age 60 and she certified she had at least 15 years but less than 20 years of qualifying service. Her application was approved, she was issued a 15-year letter, and she was transferred to the Retired Reserve on 19 March 1996.
2. The evidence of record shows the applicant has 16 years, 9 months, and 14 days of qualifying service for a 15-year Reserve retirement. There is no evidence in her records and she did not provide any evidence to show she served 20 years of qualifying service for a 20-year Reserve retirement. Therefore, she is not entitled to the 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 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) AR20100026415
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ABCMR Record of Proceedings (cont) AR20100026415
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