IN THE CASE OF:
BOARD DATE: 29 May 2012
DOCKET NUMBER: AR20110022772
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 previous request for correction of his records to show he completed 20 years of qualifying service for retired pay at age 60.
2. The applicant states he is providing new evidence that supports his claim that he qualifies for retired pay. He states the Army Board for Correction of Military Records (ABCMR) did not make a complete and thorough investigation of his previous claim. The new evidence he is providing shows he served in the U.S. Army Reserve (USAR) from 1973 to 1983.
3. The applicant provides as new evidence a page titled Eligibility Report.
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 AR20100015760, on 31 March 2011.
2. As new evidence the applicant provides an Eligibility Report, dated 16 February 2011, wherein it shows he served in the USAR between 28 February 1973 and 28 February 1983.
3. The applicant was born on 2 April 1945. His records show he was inducted into the Army of the United States on 7 September 1966. He was honorably
released from active duty on 28 April 1967 and he was transferred to the USAR Control Group (Annual Training). He completed 7 months and 22 days of creditable active service.
4. He served in the USAR from 29 April 1967 to 5 October 1973 and from 29 February 1980 to 28 February 1983 when he was honorably discharged.
5. His record contains a Chronological Record of Military Service, dated 22 April 2010, wherein it shows he completed only 6 years in which he earned 50 or more than 50 retirement points each year. This form also shows he was credited with 708 total retirement points and 6 qualifying years for retired pay at age 60.
6. Title 10, U.S. Code, sections 12731 through 12739 authorizes 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. After 1 July 1949, a qualifying year is one in which a Reserve Soldier earned 50 retirement points or more. The term good years is an unofficial term used to mean years in which 50 or more retirement points are earned during each year, and which count as qualifying years of service for retirement benefits at age 60.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his record should be corrected to show he completed 20 years of qualifying service for retired pay at age 60.
2. The law provides that a qualifying year is one in which a Reserve Soldier earned 50 retirement points or more. The term good years is an unofficial term used to mean years in which 50 or more retirement points are earned during each year, and which count as qualifying years of service for retirement benefits at age 60.
3. The evidence of record shows the applicant completed only 6 qualifying years for retired pay at age 60. Therefore, he is not entitled to the requested relief.
4. The ABCMR decides cases on the evidence of record; it is not an investigative body. The Board considers individual applications that are properly brought before it. In appropriate cases, it directs or recommends correction of military records to remove an error or injustice. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
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 AR20100015760, dated 31 March 2011.
_______ _ _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) AR20110022772
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ABCMR Record of Proceedings (cont) AR20110022772
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