IN THE CASE OF:	  

		BOARD DATE:	  16 August 2012

		DOCKET NUMBER:  AR20120001067 


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 credit with a good year towards his non-regular retirement at age 60 by transferring five Reserve Retirement Points from Retirement Year Ending (RYE) 13 August 2008 to RYE 13 August 2007.

2.  The applicant states during RYE 14 August 2006 through 13 August 2007, he was injured while performing duties as a military technician, he received worker's compensation, and he was unable to attend his unit drills for the period September 2006 through March 2007.  However, he was able to attain 45 reserve retirement points during this period (5 points short of a good year).  He states he has never received a non-qualifying year towards his retirement and he has routinely worked long hours and extra days in support of the readiness of the organization.  He further states if the Board grants his request to correct this injustice, he would be able to receive his 20-year letter in August 2012.  He further requests the Board review Docket Numbers AR20050000205 and AR20090016102 when considering his case.

3.  The applicant provides:

* Self-authored statement
* Headquarters, Iowa Army National Guard (IAARNG) memorandum, subject:  Denial of Transferring Inactive Duty Retirement Points, dated 
4 January 2012
* National Guard Bureau (NGB) Form 23B (Army National Guard Retirement Points History Statement), prepared on 4 January 2012
* Two DA Forms 3349 (Physical Profile), dated 18 April 2007 and 3 June 2007
* A Standard Form 600 (Chronological Record of Medical Care), dated between 10 October 2007 and 5 April 2008
* Three Standard Forms 50 (Notification of Personnel Action), dated between 25 September 2006 and 28 March 2007

CONSIDERATION OF EVIDENCE:

1.  The applicant was born on 22 December 1967.  Having prior service in the U.S. Marine Corps (USMC) and USMC Reserve, the applicant enlisted in the Army National Guard (ARNG) on 14 August 1998 and held military occupational specialty 63B (Light Wheel Vehicle Mechanic).   He is currently a staff sergeant performing duties in the IAARNG.

2.  The applicant's NGB Form 23B shows he received 45 reserve retirement points for RYE 14 August 2006 to RYE 13 August 2007.

3.  His NGB Form 23B shows he received 77 reserve retirement points for RYE 14 August 2007 to RYE 13 August 2008.

4.  His NGB Form 23B currently shows he has completed 18 years, 11 months, and 23 days of qualifying service towards a non-regular retirement.

5.  The applicant provides temporary physical profiles, dated 18 April and 3 June 2007, that indicate he was recovering from knee surgery.

6.  The applicant provides a memorandum from the IAARNG, G1, dated
4 January 2012, denying his request to transfer inactive duty retirement points from one RYE period to another RYE period.  The memorandum further instructs the applicant to apply to the ABCMR and references two previous ABCMR docket numbers to support the applicant's request.  In each of the cases referenced, the applicants were either no longer in service or deceased.

7.  Army Regulation 135-180 (Qualifying Service for Retired Pay Non-Regular Service) states that after 30 June 1949, one point for each day of active duty will be awarded, fifteen points will be awarded for membership to active status Soldiers in a Reserve Component, and one point for each authorized participation in drills or periods of instruction which conform to the requirements prescribed by the Secretary of the Army.  The intent for awarding retirement points in this fashion is to ensure a certain level of participation.  The number of minimum points needed for a qualifying year of retirement is 50 points.  The recording of retirement points must be corresponding to the performance of participation.

8.  Title 10, U.S. Code, sections 12731 through 12740 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.  Section 12731 states a person is entitled, upon application, to retired pay computed under section 12739 of this title, if the person has attained the eligibility age applicable under the appropriate subsection and has performed at least 20 years of service computed under section 12732 of this title.

9.  National Guard Regulation 680-2 (Automated Retirement Points Accounting System) prescribes procedures for recording retirement points and years of credible service for non-Regular retirement.  The regulation states that Soldiers must earn a minimum of 50 points from all sources in a retirement year to have that year creditable towards verification of 20 years qualifying service for retired pay.  If the Soldier serves less than a full year, he must earn the minimum number of points indicated in Table 2-4 for that period to be creditable for retirement.  Table 2-4 shows the "From" and "Through" date and the minimum points required to receive credit for a partial year. 

10.  Department of Defense Instruction 1215.7 (Service Credit for Reserve Retirement), paragraph 6.1.5.2. states that when, as a result of a break-in-service, a partial year occurs, the Service member must meet the minimum retirement point requirement set out in this Instruction for the member's service to be credited as a partial year towards a qualifying year.  A partial qualifying year is any period less than 12 full months in which the retirement points credited to a member, when computed proportionally, are equal to or greater than 50 points.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to be credited with a good year towards his non-regular retirement at age 60 by transferring 5 Reserve Retirement Points from RYE date 13 August 2008 to RYE date 13 August 2007, has been carefully examined and found to be without merit.

2.  The evidence of record shows that during RYE 13 August 2007 the applicant earned 45 creditable retirement points, 5 points short of earning the minimum 50 points necessary to be credited with a qualifying year.  However, during RYE 
13 August 2008 he earned 77 creditable retirement points that exceeded the minimum 50 point requirement for a qualifying year.


3.  The applicant requested the Board review two previously-boarded cases that involved transferring Reserve Retirement Points from one RYE period to another in order to receive credit for a qualifying year.  In each of these cases, the applicant's request was favorably considered; however, at the time of their applications, the applicants were either no longer in service or deceased.  These applicants had no other option available to them to obtain their requested relief.

4.  The applicant is currently serving in the IAARNG; therefore, there is no correlation between the cases he is referencing and his argument.  At the age of 45, there is currently nothing that prevents him from completing his service and obtaining a 20-year letter.

5.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's 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 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)                                         AR20120001067



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ABCMR Record of Proceedings (cont)                                         AR20120001067



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