IN THE CASE OF:
BOARD DATE: 8 September 2011
DOCKET NUMBER: AR20110002541
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:
a. his qualifying years of service needs to be adjusted by 4 months and
10 days to reflect a total of 20 years of qualifying service.
b. his home study extension courses need to be added to his time in service.
c. when he was released from active duty and discharged from the Colorado Army National Guard (COARNG) he was not afforded an exit interview with a personnel officer. Had there been an interview and he had been advised that he was 4 months and 10 days short of 20 good years of qualifying service for retirement he would have delayed being discharged to complete the additional service.
d. when he was transferred from the COARNG to the Individual Ready Reserve he signed up for home study extension courses. He completed the entire course for "Officers Medical Supply." The course was over 200 credit hours. Those credit hours have not been reflected in his records.
e. he attended classes for "Harbor Master" but he only completed approximately half of the extension course. He was not credited for those hours on his record either.
f. the reason behind the lapse of time is due to being told he would not be eligible for benefits until he was 65 years of age.
3. The applicant provides:
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* NGB [National Guard Bureau] Form 22 (Report of Separation and Record of Service)
* APRC Form 249-E (U.S. Army Reserve (USAR) Personnel Command Chronological Statement of Retirement Points)
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 28 August 1946. Having prior enlisted service in the U.S. Air Force, he enlisted in the Ohio Army National Guard (OHARNG) on 16 March 1976. He was honorably discharged from the OHARNG on 8 August 1977 for immediate reenlistment in the COARNG. He enlisted in the COARNG on
9 August 1977. He was ordered to active duty on 30 September 1980 in an Active Guard Reserve status. He was released from active duty on 2 July 1987. He was honorably discharged from the ARNG and transferred to the USAR Control Group (Reinforcement) on 13 September 1987 and he was honorably discharged from the USAR on 11 September 1990.
3. His USAR Personnel Command Chronological Statement of Retirement Points, dated 23 August 2011, shows he completed 19 years, 7 months, and
20 days of qualifying service for retired pay.
4. 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 he is entitled to additional retirement points for completion of various correspondence courses. However, he did not provide any evidence to support this contention.
2. Records show he completed 19 years, 7 months, and 20 days 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) AR20110002541
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ABCMR Record of Proceedings (cont) AR20110002541
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