IN THE CASE OF:
BOARD DATE: 26 July 2012
DOCKET NUMBER: AR20120001725
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 all the retirement points he earned past his mandatory removal date (MRD) of 1 May 2009 be considered as creditable and included in retired pay calculations.
2. The applicant states his MRD date had been changed to 25 May 2014 based on his age.
3. The applicant provides his ARPC Form 249-E (Chronological Statement of Retirement Points), dated 17 November 2011.
CONSIDERATION OF EVIDENCE:
1. The applicant is a U.S. Army Reserve (USAR) colonel in the Retired Reserve. He initially entered military service on 1 April 1979.
2. Orders 11-236-00093, issued by Headquarters, 81st Regional Support Command, Fort Jackson, SC, dated 24 August 2011, show he was released from his current assignment by reason of "maximum authorized years of service." He was assigned to the Retired Reserve, effective 24 August 2011. Item (d) of the special instructions states "Soldier has surpassed their [sic] effective MRD: IAW para 7-11c, AR 140-10, retirement points earned after 1 May 2009 will not be credited. In order to ratify these points for retired pay officer must submit a
DD Form 149, Application for Correction of Military Record under the provisions of Title 10, US Code, Section 1552."
3. His ARPC Form 249-E shows he earned 126 retirement points after
1 May 2009 as follows:
a. 19 April 2010 to 18 April 2011: 107 points.
b. 19 April 2011 to 24 August 2011: 19 points
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the retirement points he earned past his MRD of
1 May 2009 should be considered as creditable and included in retired pay calculations.
2. The applicant was reassigned to the Retired Reserve by reason of "maximum authorized years of service." The orders directing this action were issued and effective on 24 August 2011. The special instructions indicate any retirement points he earned after 1 May 2009 would not be credited unless he requested ratification by the ABCMR.
3. The orders were issued over 2 years after his MRD due to years of service. His record shows he was performing duty and earning retirement points during that period.
4. The applicant should not be penalized because the orders issuing agency delayed his reassignment to the Retired Reserve. Therefore, it would be appropriate to credit him with the 126 retirement points he earned and recalculate his retirement pay accordingly.
BOARD VOTE:
___X____ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. crediting him with the additional 126 retirement points earned after 1 May 2009 as an exception to policy; and
b. directing the Defense Finance and Accounting Service audit and recalculate his military pay account and paying him any pay and allowances due as a result of this correction.
_______ _ 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) AR20100006960
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120001725
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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