IN THE CASE OF:	  

		BOARD DATE:  13 November 2012

		DOCKET NUMBER:  AR20120000204 


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, the daughter of a deceased former service member (FSM), requests correction of the FSM's military records to show he completed 20 years of qualifying service for Reserve retired pay.

2.  The applicant states:

	a.  She is assisting her mother in obtaining her father's retired pay.  He enlisted in the Army on 28 September 1945 and he was in the Korean War.  He was discharged and he reenlisted numerous times.

	b.  The FSM applied for retired pay in 1990, but his request was denied because the Army only showed he completed 19 years, 6 months, and 19 days of service.

	c.  In October 2010, she received a copy of his military records and these records clearly indicate he was still actively drilling (attending unit training assemblies in an inactive duty training status) in August 1969 and he had well over the 20 years needed for retired pay from the U.S. Army Reserve (USAR).

3.  The applicant provides:

* FSM's DA Form 20 (Enlisted Qualification Record)
* FSM's request for discharge, dated 16 February 1970
* FSM's USAR discharge orders, dated 1 March 1970
* FSM's Department of the Army Reserve Personnel (DARP) Form 249-3 (Chronological Record of Military Service), dated 1 August 1990
* letter from the Retired Activities Directorate, USAR Personnel Center, St. Louis, MO, dated 3 August 1990
* power of attorney

CONSIDERATION OF EVIDENCE:

1.  The FSM was born on 26 June 1927.  Having prior service in the Regular Army, he enlisted in the USAR on 14 August 1950.  He was discharged from the USAR on 10 October 1951 for immediate enlistment in the Regular Army and he enlisted in the Regular Army on 11 October 1951.  He served in Korea.  On 11 October 1954, he was honorably discharged.  He then enlisted in the USAR on 24 November 1954.  He was honorably discharged from the USAR on 28 February 1970.

2.  There is no evidence which shows the FSM completed 20 years of qualifying service for retired pay purposes.

3.  The applicant provided a letter from the USAR Personnel Center Retired Activities Directorate, dated 3 August 1990, in reference to the FSM's application for retired pay which stated:

	a.  A review of the documents forwarded by the FSM only verified 19 years, 6 months, and 19 days of qualifying service for retired pay purposes.

	b.  These documents showed the FSM's retirement year ending date as 23 November but it should have been 1 August.  Therefore, his retirement points were creditable toward approximately 3 months and 22 days of the following year.

	c.  To verify his additional service and retirement points for the period 2 August 1968 through 4 April 1972, his Military Personnel Records Jacket was needed.  His records could not be located at that time.

	d.  The attached DARP Form 249-3, dated 1 August 1990, showed he completed 19 years, 6 months, and 19 days of qualifying service for retired pay.

4.  In March 1993, the USAR Personnel Center Retired Activities Directorate responded to a Congressional inquiry pertaining to the FSM's request for verification of his service in the USAR from 1968 to 1969.  The letter indicated:



	a.  A DARP Form 606 (Retirement Points) was provided.

	b.  The information was verified from a search of the unit attendance files maintained at that center.

5.  The DARP Form 606, dated 15 March 1993, shows the FSM:

	a.  received 53 retirement points (21 inactive duty points, 15 membership points, and 17 active duty points for an active duty tour from 1 August 1968 to 17 August 1968) for the period 1 January 1968 to 31 December 1968; and

   b.  received 30 retirement points (15 membership and 15 active duty points for an active duty tour from 2 August 1969 to 16 August 1969) for the period 1 January 1969 to 31 December 1969.

6.  In support of her claim, the applicant provided:

* the FSM's DA Form 20 that shows he was attending inactive duty training in August 1969
* his request to be discharged from the USAR effective 17 February 1970 upon completion of his 6-year military obligation
* his USAR discharge orders effective 28 February 1970 upon expiration of his term of service

7.  A memorandum for record from the U.S. Army Human Resources Command, Fort Knox, KY, pertaining to the FSM's retirement points, dated 30 August 2012, shows he completed 18 years, 6 months, and 21 days of qualifying service for retirement.

8.  Army Regulation 135-180 (Qualifying Service for Retired Pay Nonregular Service), paragraph 1-4(a), states that retired pay is pay granted to Soldiers and former Reserve Component 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.

9.  Army Regulation 135-180, paragraph 2-8, states that after 30 June 1949 a reservist must earn a minimum of 50 retirement points each retirement year to have that year credited as qualifying service.

10.  Title 10, U.S. Code, sections 12731 through 12740, 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 contends the FSM was actively attending inactive duty training in August 1969 and he had well over the 20 years needed for retired pay from the USAR.

2.  The evidence does show he received 30 retirement points for the period 1 January 1969 to 31 December 1969.  However, 15 of those points were awarded for an active duty tour from 2 to 16 August 1969.  There is no evidence to show he earned an additional 20 retirement points during that retirement year.

3.  While there is some conflicting information in the FSM’s records, the available evidence shows the FSM completed 18 years, 6 months, and 21 days of qualifying service for retired pay or possibly 19 years, 6 months, and 19 days of qualifying service for retired pay.

4.  More importantly, the applicant provided evidence showing the FSM requested to be discharged from the USAR effective 17 February 1970, prior to his attaining 20 qualifying years of service for retired pay.

5.  By law, a Reserve Soldier must complete a minimum of 20 qualifying years of service (minimum of 50 retirement points each retirement year) to be eligible for retired pay.  Since the FSM did not complete 20 qualifying years of service, there is no basis for granting the applicant's 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)                                         AR20120000204



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ABCMR Record of Proceedings (cont)                                         AR20120000204



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