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
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ABCMR Record of Proceedings (cont) AR20120001414
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