BOARD DATE: 10 April 2012
DOCKET NUMBER: AR20110018193
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 service for a Reserve Component retirement.
2. The applicant states:
* They say he had a break in service from 1967 to 1978 but he did not
* He has been trying to get his retirement since he was 65 years old
3. The applicant provides no documentary 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 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. The applicant was inducted into the Army of the United States on 8 March 1962. On 31 August 1962, he was honorably discharged due to hardship and transferred to the USAR. Orders, dated 7 May 1968, show he was honorably discharged from the USAR on 7 May 1968.
3. He enlisted in the USAR on 29 September 1978 and he was honorably discharged from the USAR on 17 September 1985.
4. There is no evidence which shows he completed 20 years of qualifying service.
5. In March 2004, the U.S. Army Human Resources Command, St. Louis, MO responded to a Congressional inquiry pertaining to the applicant's request for verification of his Army Reserve retirement points. The letter stated:
* the applicant's records failed to show 20 years of service for retirement purposes
* he was discharged from the USAR in March 1968 and did not reenlist until September 1978
* a search at the Defense Finance and Accounting Service failed to show pay records for the applicant during that time period
* an ARPC Form 606-E (Statement of Service with Retirement Points) was provided
6. The ARPC Form 606-E, dated 10 March 2004, shows:
* he served on active duty from 8 March 1962 through 31 August 1962
* he served in the USAR from 1 September 1962 through 7 March 1968
* he had a break in service
* he served in the USAR from 29 September 1978 through 17 September 1985
7. Paragraph 1-4(a) (Retired pay) of Army Regulation 135-180 (Qualifying Service for Retired Pay Nonregular Service) states that retired pay is pay granted Soldiers and former Reserve Components Soldiers under Title 10, U.S. Code, section 1331 (at the time), after completion of 20 or more years of qualifying service and upon attaining age 60.
8. Sections 12731 through 12740 of Title 10, U. S. Code, currently 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. The applicant's contentions were carefully considered. However, evidence fails to show he completed 20 qualifying years of service for non-regular retirement at age 60.
2. By law, a Reserve Soldier must complete a minimum of 20 qualifying years of service to be eligible for retired pay. Since the applicant did not complete
20 qualifying years of service, there is no basis for granting the applicants 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 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) AR20110018193
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ABCMR Record of Proceedings (cont) AR20110018193
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