IN THE CASE OF:
BOARD DATE: 15 January 2013
DOCKET NUMBER: AR20120009450
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 the issuance of a Notification of Eligibility for Non-Regular Retired Pay at Age 60 (15-Year Letter) and entitlement to retired pay at age 60.
2. The applicant states she completed 17 qualifying years of service toward non-regular retirement and she was transferred to the Retired Reserve for medical reasons.
3. The applicant provides:
* DD Form 108 (Application for Retired Pay Benefits)
* Army Reserve Personnel Command (ARPC) Form 249-E (Chronological Statement of Retirement Points)
* Denial letter from the U.S. Army Human Resources Command (HRC), Fort Knox, KY
CONSIDERATION OF EVIDENCE:
1. The applicant's records show she was born on 24 June 1952.
2. She enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program (DEP) on 28 September 1976.
3. She enlisted in the Regular Army on 15 March 1977. She served through a reenlistment and she was honorably discharged on 19 May 1986. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she completed 9 years, 2 months, and 5 days of creditable service.
4. She enlisted in the USAR on 20 May 1986. She served through multiple extensions in a variety of troop program units and she attained the rank/grade of sergeant first class (SFC)/E-7.
5. On 28 August 1996, after a review of her medical records, the USAR Command determined she was not qualified for retention in the USAR. She was counseled on her options and she elected to transfer to the Retired Reserve.
6. On 6 November 1996, Headquarters, 91st Division, Sausalito, CA, published Orders A-311-5 ordering her discharge from the USAR and transfer to the Retired Reserve effective 19 November 1996 by reason of medical disqualification.
7. Her ARPC Form 249 shows she completed 17 qualifying years of service toward non-regular retirement. Throughout her USAR service, from 20 May 1986 to 19 November 1996, she completed 7 qualifying years of service toward non-regular retirement. A breakdown of her retirement points is as follows:
FROM
TO
Component
Total Points
QUAL YEAR
19760928
19770314
DEP
7
00/00/00
19770315
19770928
RA
197
00/00/00
19770928
19780927
RA
365
01/00/00
19780928
19790927
RA
365
01/00/00
19780928
19800927
RA
366
01/00/00
19800928
19810927
RA
365
01/00/00
19810928
19820927
RA
365
00/00/00
19820928
19830927
RA
365
01/00/00
19830928
19840928
RA
366
01/00/00
19840928
19850927
RA
365
01/00/00
19850928
19860519
RA
234
01/00/00
19860520
19860927
RES
17
00/00/00
19860928
19870927
USAR
88
01/00/00
19870928
19880927
USAR
125
01/00/00
19880928
19890927
USAR
89
01/00/00
19890928
19900927
USAR
27
00/00/00
19900928
19910927
USAR
74
01/00/00
19910928
19920927
USAR
74
01/00/00
19920928
19930927
USAR
64
01/00/00
19930928
19940927
USAR
50
01/00/00
19940928
19950927
USAR
19
00/00/00
19950928
19960927
USAR
15
00/00/00
19960928
19961106
USAR
2
00/00/00
19961106
20120402
RET RES
0
00/00/00
TOTAL
4004
17/00/00
8. On 11 February 2012, she applied for retired pay at age 60. However, HRC officials notified her that:
a. To be eligible for retired pay at age 60, under Title 10, U.S. Code, section 12731-12737, a Reserve Soldier or former Reserve Soldier must have completed 20 qualifying years of service, the last 8 of which must have been in a Reserve component.
b. Service in an inactive reserve section, such as the Retired Reserve, is not creditable for retirement purposes. Since 1 July 1949, a Reserve Soldier must have earned at least 50 retirement points per year for that service to be creditable for retirement. An audit of her military records shows she completed 17 qualifying years of service toward non-regular retirement. Accordingly, she is ineligible to receive retired pay.
9. Title 10, U. S. Code, section 12731 provides that a non-regular service member is entitled, upon application, to retired pay if the person is at least 60 years of age; has performed at least 20 years of qualifying service; and, having completed the service requirement during the period beginning on 1 October 1994 and ending on 30 September 1999, shall have performed the last 6 years of qualifying service while a member of a reserve component.
10. Title 10. U.S. Code, section 12731a was the temporary special retirement qualification authority. A revision dated 5 October 1994 provided that, during the period 1 October 1991 through 30 September 1999, a member of the Selected Reserve who completed at least 15, and less than 20, years of qualifying service and who no longer met the qualifications for membership in the Selected Reserve solely because the member was unfit because of physical disability, and upon the request of the member, could be transferred to the Retired Reserve and treated as having met the service requirements and be provided with the notification required if he completed at least 15 and less than 20 years of service.
DISCUSSION AND CONCLUSIONS:
1. By law and regulation, Reserve Component members normally are required to complete 20 years of qualifying service in order to be eligible for non-regular retirement. A qualifying year of service for nonregular retired pay is a full year during which a Regular or Reserve member is credited with a minimum of 50 retirement points.
2. However, at the time the applicant was separated a member of the Selected Reserve who was medically disqualified for continued service in an RC could be considered as having met the service requirement and could be issued a Notification for Eligibility for Non-Regular Retired Pay at Age 60, 15-Year Letter, if the member completed at least 15 years, but less than 20 years of qualifying service for non-regular retirement purposes.
3. The evidence of record in this case confirms the applicant completed a total of 17 years of qualifying service for non-regular retirement before she was transferred to the Retired Reserve in 1996 for medical disqualification. Seven of her 17 qualifying years of service were in a Reserve Component. As such, she met the statutory requirement for receipt of a 15-year letter.
4. A Survivor Benefit Plan (SBP) election must be made prior to the effective date of retirement or the SBP will, by law, default to automatic SBP spouse coverage (if married). This correction of records may have an effect on the applicants SBP status/coverage. The applicant is advised to contact her nearest Retirement Services Officer (RSO) for information and assistance immediately. A listing of RSOs by country, state, and installation is available on the Internet at website http://www.armyg1.army.mil/RSO/rso.asp. The RSO can also assist with any TRICARE questions the applicant may have.
5. In view of the foregoing, the applicant's records should be corrected as recommended below.
BOARD VOTE:
____x___ ____x___ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 showing she met the eligibility criteria for Reserve retired pay and showing her application for retired pay at age 60 was accepted in a timely manner to be effective retroactive to 24 June 2012, the date she turned age 60.
____________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) AR20120009450
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120009450
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