IN THE CASE OF:
BOARD DATE: 5 July 2011
DOCKET NUMBER: AR20100027894
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, in effect, his military records be corrected to show he completed 20 years of qualifying service for a Reserve Component retirement.
2. The applicant states, in effect, his records do not reflect his total time in the Army National Guard (ARNG) and U.S. Army Reserve (USAR).
3. The applicant provides:
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 May 2003
* NGB [National Guard Bureau] Forms 22 (Report of Separation and Record of Service) for the periods ending 17 June 1982 and 9 May 2008
* ARNG Retirement Points History Statement, prepared on 11 April 2005
* DD Form 214 (Report of Separation from Active Duty) for the period ending 18 May 1978
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. He was born on 20 December 1951. He enlisted in the ARNG on
5 December 1977. He was discharged under other than honorable conditions on 17 June 1982 from the ARNG and transferred to the USAR Control Group (Reinforcement) during the period 18 June 1982 to 4 December 1983. After a break in service from 5 December 1983 to 25 July 1985, he enlisted in the ARNG on 26 July 1985. He was discharged from the ARNG on 19 April 1996. He served in the USAR from 20 April 1996 to 25 July 1998. He had a break in service from 26 July 1998 to 22 January 2002. On 23 January 2002, he enlisted in the ARNG. He was ordered to active duty on 7 February 2003 in support of Operation Enduring Freedom and he was released from active duty on 30 May 2003. On 22 January 2005, he was discharged from the ARNG. He had a break in service from 23 January 2005 to 18 June 2006. He enlisted in the ARNG on 19 June 2006. He was discharged under honorable conditions from the ARNG on 9 May 2008 and transferred to the USAR Control Group (Reinforcement). He was honorably discharged from the USAR on 21 December 2010.
3. His ARNG Retirement History Statement, prepared on 10 June 2008, shows his ARNG and USAR service. This statement shows he completed 16 years of qualifying service for retired pay.
4. His USAR Personnel Command Chronological Statement of Retirement Points, dated 7 June 2011, shows he completed 17 years of qualifying service for retired pay.
5. Sections 12731 through 12740 of Title 10, U.S. Code, authorize 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.
DISCUSSION AND CONCLUSIONS:
1. He contends his records do not reflect his total time in the ARNG and USAR.
2. Records show he completed 17 years of qualifying service for retired pay.
3. By law, a Reserve Soldier must complete a minimum of 20 qualifying years of service to be eligible for retired pay. Since he did not complete 20 qualifying years of service, there is no basis for granting the applicants request.
4. If the applicant believes his USAR Personnel Command Chronological Statement of Retirement Points does not reflect all of his retirement points, he should contact U.S. Army Human Resources Command, ATTN: Veterans Services Branch, 1600 Spearhead Division Avenue, Fort Knox, KY 40122 to update his statement of retirement points. He must provide that office documentation to support the requested changes.
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) AR20100027894
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ABCMR Record of Proceedings (cont) AR20100027894
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