BOARD DATE:	  21 September 2011

		DOCKET NUMBER:  AR20110004331 


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 the Army Board for Correction of Military Records (ABCMR) decision denying him a transfer to a Troop Program Unit (TPU) in order to complete 20 qualifying years of service to receive retired pay at age 60.

2.  The applicant states his new positions, travel requirements, and multiple moves associated with his civilian employment made it impossible to remain in the reserves.  Upon retirement and returning home to Hawaii, he immediately began seeking out an opportunity to return to the military.

3.  The applicant provides a history of his employment.

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 AR20100009229, on 21 October 2010.

2.  His history of employment is new evidence which requires his case to be reconsidered by the ABCMR.

3.  He was commissioned a second lieutenant in the Regular Army on 22 April 1977 at the age of 24 years.

4.  His ARPC Form 249-E (Chronological Statement of Retirement Points), dated 4 February 2010 shows he:

	a.  was discharged from the Regular Army on 29 September 1992 and was commissioned in the U.S. Army Reserve (USAR) on 30 September 1992 with an assignment to a TPU;

	b.  completed 18 years, 5 months, and 8 days of qualifying service for retirement pay at age 60 from 22 April 1977 to 29 September 1995;

	c.  accumulated membership points only, with no qualifying years, from 
30 September 1995 to 22 December 2009; and

	d.  completed 32 years, 8 months, and 1 day of total commissioned service when he was transferred to the Retired Reserve based on his maximum authorized years of service.

5.  He provided his work history from 1992 to 2008.  He lived in five different cities and two different states from 1992 to 2009.  His position and job location changed six times during this period.  He was also required to travel to 22 different countries.

6.  Title 10, United States Code (USC), Chapter 1223 (Retired Pay for Non-Regular Service), Section 12731 (Age and Service Requirements) provides, in pertinent part, that a person is entitled, upon application, to retired pay if the person is age 60 and has performed at least 20 years of qualifying service.  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.

7.  Title 10 of the United States Code, section 14507 (10 USC 14507) provides the legal authority for the removal from the Reserve Active Status List (RASL) for years of service.  It states, in pertinent part, that lieutenant colonels will be removed from the RASL on the first day of the month after the month in which the officer completes 28 years of commissioned service.  

8.  Army Regulation 140-10 (Assignments, Attachments, Details, and Transfers), prescribes the policy and procedures for assignments, attachments, details, and transfers of Reserve Component Soldiers.  This regulation provides for the separation of Reserve lieutenant colonels for maximum age and/or service.  

	a.  Lieutenant colonels may not exceed 28 years of service if they were under age 25 at the time of initial appointment.  This regulation also provides that removal must be accomplished within 30 days after the date of completion of the required years of service.

	b.  Officers having 18 or 19 years of qualifying Federal service for retired pay will not be removed without their consent.  Officers who meet this criterion on the date removal as required will be retained to complete 20 years.  Retained officers will be informed they must notify the appropriate authority when the service is completed.  For officers having at least 18 but less than 19 years of qualifying service, retention is authorized until the earlier of:

* the date 20 years of qualifying Federal service for retired pay is completed, or
* 3 years from the required removal date

DISCUSSION AND CONCLUSIONS:

1.  Based on his age at the time of his initial commissioning, his mandatory retirement date (MRD) as a lieutenant colonel was 22 April 2005.  Because he had over 18 years of qualifying service for retired pay at this time he was authorized to be retained a maximum of 3 years from his MRD.  He was not transferred to the Retired Reserve until 22 December 2009, more than 4 years from his original MRD.  Therefore, he had more time than was normally allowed by the regulation to complete 20 years of qualifying service for retired pay.

2.  During his last 14 years in the USAR, he earned no points other than the 
15 points awarded from membership.

3.  His employment history and schedule were noted.  However, it is the individual's responsibility to ensure he or she has attained at least 50 retirement points per qualifying year.  

4.  In view of the above, there is an insufficient basis for granting his request.

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 AR20100009229, dated 21 October 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)                                         AR20110004331



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ABCMR Record of Proceedings (cont)                                         AR20110004331



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