Search Decisions

Decision Text

ARMY | BCMR | CY2012 | 20120001414
Original file (20120001414.txt) Auto-classification: Denied

		
		BOARD DATE:	  21 August 2012

		DOCKET NUMBER:  AR20120001414 


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, revocation of the orders revoking his retirement and reinstatement of his retired pay.

2.  The applicant states the calculations that were completed reflected that he had totally fulfilled all retirement requirements.  Had he not been given this information, he would surely have served until he reached the requirement.

3.  The applicant provides:

* Defense Finance and Accounting Service Military Leave and Earnings Statement for a payment on 30 August 1996
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) with an effective date of 15 November 1996
* Certificate of Retirement, dated 13 March 2006
* Army National Guard (ARNG) Retirement Points History Statement prepared on 14 October 2008
* letter from Transition and Separations Branch, U.S. Army Human Resources Command (HRC), dated 30 October 2008 
* HRC Orders P10-816860, dated 30 October 2008
* HRC Orders P10-816860R, dated 22 January 2009

CONSIDERATION OF EVIDENCE:

1.  He enlisted in the Illinois Army National Guard (ILARNG) on 3 April 1981 for a period of 1 year.  He had previously completed 3 years, 3 months, and 27 days of active service in the U.S. Navy.  He extended his enlistment in the ILARNG for 6 years on 3 March 1982 and again for 3 years on 2 April 1988.

2.  His Military Personnel Records Jacket contains the following documents:

* State of Illinois, Camp Lincoln, Springfield, IL, Orders 139-57, dated 19 July 1990, discharging him from the ILARNG and transferring him to the U.S. Army Reserve (USAR) Control Group (Reinforcement) effective 27 July 1990.
* NGB Form 22 with an effective date of 27 July 1990 showing he was discharged by reason of unsatisfactory participation

3.  His discharge from the ARNG and transfer to the USAR were apparently in error and voided.

4.  He further extended his enlistment on 11 March 1991 for an additional 6 years.  He was promoted to sergeant/pay grade E-5 effective 10 September 1993.

5.  State of Illinois, Camp Lincoln, Orders 221-63, dated 15 November 1996, discharged him from the ILARNG and the Reserve of the Army effective 15 November 1996 with a general discharge under honorable conditions.

6.  An NGB Form 22 with an effective date of 15 November 1996 shows he was discharged by reason of misconduct.

7.  An ARNG Retirement Points History Statement prepared on 13 December 1996 shows he completed a total of 17 years, 11 months, and 9 days of qualifying service for retired pay at age 60 for nonregular service.

8.  He reached age 60 on 30 March 2006.

9.  He provided an ARNG Points History Statement prepared on 14 October 2008.  This statement shows he completed a total of 16 years, 2 months, and 12 days of qualifying service for retired pay at age 60 for nonregular service.

10.  He provided a letter from the Transition and Separations Branch, HRC, dated 30 October 2008.  This letter stated his application for retired pay under Title 10, U.S. Code, section 12731, had been approved.

11.  He provided HRC Orders P10-816860, dated 30 October 2008 that placed him on the Retired List effective 30 March 2006.  These orders were revoked by HRC Orders P10-816860R, dated 22 January 2009.
12.  Army Regulation 135-180 (Qualifying Service for Retired Pay Nonregular Service) implements the statutory authority governing what constitutes qualifying service for retired pay for nonregular service in the Reserve Components.

	a.  A 20-year letter will be issued to the Reserve Component Soldier within 1 year after he or she completes 20 years of qualifying service for retirement 
(20-year letter).  This letter will be issued by the Commander, Army Reserve Personnel Command (now known as HRC), for USAR Soldiers.  The letter, once issued, may not be withdrawn or revoked.

	b.  Upon a Soldier's application for retired pay, a computation to determine the number of years of qualifying service, years for percentage purposes, and years for basic pay purposes will be made.

	c.  In order to be eligible for retired pay, an individual must have attained the age of 60 and completed a minimum of 20 years of qualifying service.  A qualifying year is defined as a year of service during which a Reservist earns at least 50 retirement points.

13.  Title 10, U.S. Code, chapter 1223 (Retired Pay for Nonregular Service), section 12731 (Age and Service Requirements), provides that a person is entitled to retired pay upon application if the person is age 60 and has performed at least 20 years of qualifying service.

DISCUSSION AND CONCLUSIONS:

1.  A minimum of 20 qualifying years is required to be eligible for retired pay for nonregular service at age 60.

2.  The ARNG Retirement Points Statement prepared on 13 December 1996 does not show he had sufficient qualifying years to be eligible to receive retired pay for nonregular service at age 60.

3.  There is no evidence he was issued a 20-year letter.

4.  The ARNG Retirement Points Statement prepared on 14 October 2008 provided by the applicant does not show he had sufficient qualifying years to be eligible to receive retired pay for nonregular service at age 60.  Therefore, the HRC letter dated 30 October 2008 approving him for retired pay and the orders placing him on the Retired List were issued in error.  Upon discovering this error, HRC revoked the orders placing him on the Retired List.

5.  He does not have the minimum 20 qualifying years required for eligibility for retired pay for nonregular service at age 60 and there is no evidence showing he was issued an irrevocable 20-year letter.  Therefore, he is not eligible for retired pay for nonregular service at age 60.

6.  If he feels the computation of his qualifying years is in error, he should submit evidence of that to HRC and request issuance of a corrected retirement points history statement.

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 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)                                         AR20120001414



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120001414



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2012 | 20120001123

    Original file (20120001123.txt) Auto-classification: Denied

    The applicant requests correction of his record to show his entitlement to retired pay and associated benefits at age 60. On 2 June 1970, he enlisted in the U.S. Army Reserve (USAR) and he served until he was discharged on 10 September 1972. Army Regulation 135-180 (Army National Guard and Army Reserve Qualifying Service for Retired Pay Nonregular Service), paragraph 2-1a, states that to be eligible for retired pay an individual does not need to have a military status at the time of...

  • ARMY | BCMR | CY2008 | 20080009860

    Original file (20080009860.txt) Auto-classification: Denied

    Other Soldiers who also went before the QRP Board were retained despite their APFT failures. Standard Form 93 (Report of Medical History), dated 20 December 2001; j. memorandum, Notification of Qualitative Retention Review, undated; k. Departments of the Army and Air Force, ILARNG, Memorandum, dated 10 April 203, Non-selection for Continued Unit Participation; l. Enlisted Qualitative Retention Personnel Summary; m. DA Form 2-1 (Personnel Qualification Record); n. DA Form 705 (Army Physical...

  • ARMY | BCMR | CY2012 | 20120013152

    Original file (20120013152.txt) Auto-classification: Approved

    The applicant provides: * 20-year letter, dated 16 October 1995 * DD Form 1883, dated 29 March 1996 * Marriage Certificate, dated 23 August 1975 * Death Certificate, dated 3 January 2012 * DD Form 2656-7 (Verification for Survivor Annuity), dated 27 April 2012 * Form W-4P (Withholding Certificate for Pension or Annuity Payments), dated 14 March 2012 * National Guard Bureau (NGB) Form 23B (ARNG Retirement Points History Statement), dated 2 March 2012 * Standard Form (SF) 1199A (Direct Deposit...

  • ARMY | BCMR | CY2012 | 20120005563

    Original file (20120005563.txt) Auto-classification: Approved

    His ARNG Retirement Points History Statement shows he completed 19 years, 11 months, and 5 days of qualifying service for non-regular retirement. The FSM served in the ARNG and USAR from February 1989 through January 2010. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * redistributing 35 of the FSM's excess retirement points to RYE 16 February 1996 to provide him with a full qualifying year of service for RYE 16...

  • ARMY | BCMR | CY2010 | 20100013056

    Original file (20100013056.txt) Auto-classification: Denied

    His ARNG Retirement Points History Statement, dated 13 March 2007, shows he completed 20 years of qualifying service for a nonregular retirement. On 25 March 2010, his ARNG Retirement Points History Statement was corrected to show he had a non-military civilian break and credited him with 19 years, 7 months, and 14 days of creditable service for retirement pay. Therefore, the ARNG Retirement Points History Statement, dated 25 March 2010, correctly shows his status and his qualifying service.

  • ARMY | BCMR | CY2013 | 20130003159

    Original file (20130003159.txt) Auto-classification: Approved

    The applicant requests reconsideration of the Board's denial of his previous request for the following: * orders for assignment to the Individual Ready Reserve (IRR) at his current grade and date of rank at the time of his discharge * orders for assignment to the Retired Reserve * amendment of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 January 2007 to show assignment to the Retired Reserve 2. As such, he was not provided the opportunity...

  • ARMY | BCMR | CY2003 | 2003090557C070212

    Original file (2003090557C070212.rtf) Auto-classification: Denied

    APPLICANT STATES : In the applicant's original 10 November 1999 application to the Army Board for Correction of Military Records (ABCMR), he stated, in effect, that he should have been allowed to serve until the end of his enlistment, that he was discharged due to his age, and that his enlistment contract was breached. Department of Military Affairs, State of Illinois Orders Number 104-87, dated 29 May 1996 show that the applicant was discharged from the Army National Guard and transferred...

  • ARMY | BCMR | CY2005 | 20050000492C070206

    Original file (20050000492C070206.doc) Auto-classification: Denied

    The applicant requests, in effect, correction to her records to show eligibility for retirement benefits. Prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge. The evidence of record shows the applicant was found medically unfit for retention in the ILARNG and separated on 18 July 2003.

  • ARMY | BCMR | CY2010 | 20100007543

    Original file (20100007543.txt) Auto-classification: Denied

    His NGB Form 23, dated 21 October 2009, shows he completed 17 years, 2 months, and 8 days of qualifying service toward nonregular retirement that included the following: * 6 qualifying years from the date of his initial enlistment (25 July 1972) to the date of his first discharge (24 July 1978) * 11 qualifying years from the date of his second enlistment (23 August 1979) to the date he was placed in the ING (31 October 1979) * zero qualifying years from the date he was placed in the ING (1...

  • ARMY | BCMR | CY2010 | 20100020968

    Original file (20100020968.txt) Auto-classification: Denied

    The applicant requests, in effect, correction of his military records to show he completed 20 qualifying years of service for nonregular retirement and receipt of retired pay at 60 years of age. His ARPC Form 249-E, dated 29 December 2010, shows the applicant completed a total of 17 years, 4 months, and 26 days of qualifying service towards retired pay. The applicant contends that his ARPC Form 249-E contains a 5-year error which should be corrected to show he completed 20 qualifying years...