IN THE CASE OF:	  

		BOARD DATE:	  3 January 2012

		DOCKET NUMBER:  AR20110014031 


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 previously-denied request that he be credited with 20 qualifying years of service for a non-regular Reserve retirement.

2.  The applicant states that he has been misled and is submitting his request for the third time with the hopes of receiving full or partial relief.  He has submitted new evidence which shows he has exhausted all administrative remedies available to him for the correction of his retirement points.  He further states, in effect, he is currently being treated in the hospital, can no longer walk, and needs the monies from an approved retirement to assist in moving him into a handicap-accessible living arrangement. 

3.  The applicant provides:

* a self-authored statement
* an email and letter from the Defense Finance and Accounting Service (DFAS)
* an Information Paper from the Army Personnel Records Division
* ARPC Form 249-E (U.S. Army Reserve Personnel Command Chronological Statement of Retirement Points)
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* a letter from the Army Board for Correction of Military Records (ABCMR)
* Standard Form (SF) 1199A (Direct Deposit Form)
* DD Form 108 (Application for Retired Pay Benefits)
* DD Form 2656 (Data for Payment of Retired Personnel)

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 ABCMR in Docket Number AR20090011530, on 9 March 2010.

2.  The applicant provided an email and letter from DFAS in addition to an Information Paper from the Army Personnel Records Division which state, in effect, that the applicant has exhausted all resources through DFAS and the Federal Records Center.  These items were not previously reviewed by the ABCMR; therefore, they are considered new evidence and as such warrant consideration by the Board.

3.  The applicant’s record shows he served in the U.S. Air Force (USAF) from     3 October 1967 through 19 May 1971.  He was honorably released from active duty on 19 May 1971 and was transferred to the USAF Reserve (USAFR) to complete his remaining service obligation through 2 October 1973.    

4.  The applicant’s record shows a break in service from 3 October 1973 through 23 June 1976.  He enlisted in the Air National Guard on 24 June 1976 and served through 23 June 1977 prior to transferring to the U.S. Army Reserve (USAR) on 24 June 1977.

5.  He was honorably discharged from the USAR in the rank/grade of master sergeant (MSG)/E-8 on 9 November 1994.  His ARPC Form 249-E, dated 
16 June 2011, shows he accrued 2,615 retirement points and completed a total of 17 years, 2 months, and 10 days of qualifying service for non-regular Reserve retirement between 10 March 1967 and 9 November 1994.  This document also shows the applicant did not accrue the required 50 retirement points for the following periods:

* 20 May 1971 through 23 June 1976
* 24 June 1989 through 9 November 1994

6.  Army Regulation 135-180 (Qualifying Service for Retired Pay Non-Regular Service) prescribes the policy and procedures for granting retired pay benefits at age 60, under Title 10, U.S. Code, Chapter 67, sections 1331 to 1337.  This regulation specifies, in pertinent part, that to be eligible for retired pay an individual must have attained age 60 and completed a minimum of 20 years of qualifying service and that subsequent to 1 July 1949, qualifying service is granted only for each year of service an individual earns 50 or more retirement points.

7.  Army Regulation 140-185 (Training and Retirement Point Credits 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.  In pertinent part, 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be credited with 20 qualifying years of service for a non-regular Reserve retirement was carefully reconsidered and it was determined that there is still insufficient evidence to support this request.

2.  His records show he completed 17 years, 2 months, and 10 days of qualifying military service for non-regular Reserve retirement.  By law and regulation, in order to be eligible for non-regular Reserve retirement and retirement pay at age 60, an individual must complete a minimum of 20 years qualifying service.  Qualifying service is granted only for each year of service an individual earns 50 or more retirement points.  He provides no evidence to show where his 
ARPC Form 249-E might be missing points.  In view of the foregoing, there is insufficient evidence to grant him 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 that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20090011530, dated 9 March 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)                                         AR20110014031



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ABCMR Record of Proceedings (cont)                                         AR20110014031



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