BOARD DATE:	  11 March 2014

		DOCKET NUMBER:  AR20130012192 


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, entitlement to non-regular retirement from the New Jersey Army National Guard (NJARNG).  

2.  The applicant states the record shows he completed 18 or more years of service for retirement in an active and/or reserve status.  He had been discharged and his discharge papers were not signed by him.  When all this took place, he was told he was being retired.  He did not want to retire but his commander told him to sign the paperwork.  He went to the armory but he was told not to come anymore.  

3.  The applicant provides:

* Letter from the NJARNG from his Member of Congress
* Letter from a Member of Congress to the applicant
* Letter from the NJARNG to another Member of Congress
* National Guard Bureau (NGB) Forms 22 (Report of Separation and Record of Service), ending on 5 March 1976 and 24 August 1970
* Front page of a DD Form 4 (Enlistment Contract), dated 17 January 1971
* NGB Form 23 (Retirement Credits Record)

CONSIDERATION OF EVIDENCE:

1.  The applicant's complete military records are not available to the Board for review.  An exhaustive search was undertaken to locate his military records which are necessary for the processing of your application.  Unfortunately, they could not be found.  However, the applicant provides sufficient documents for the Board to conduct a fair and impartial review of this case.

2.  The applicant's available records show he was born on 7 March 1940. 

3.  He provides: 

	a.  NGB Form 22, that shows he previously served in the U.S. Marine Corps Reserve from 29 March 1957 to 2 December 1963.  He enlisted in the NJARNG on 3 December 1963 and he held an armor specialty.  He was honorably separated and transferred to the U.S. Army Reserve (Company F, 2nd Battalion, 312th Regiment, 3rd Brigade, 78th Division), on 24 August 1970.

	b.  Front page of a DD Form 4 that shows he enlisted in the U.S. Army Reserve on 17 January 1971.  This form shows he previously served in the ARNG from 3 December 1963 to 2 December 1970 and that he was retained in the U.S. Army Reserve for 45 days. 

	c.  NGB Form 22 that shows he enlisted in the NJARNG on 27 August 1968 and was separated on 5 March 1976.  This form also shows he previously served in the U.S. Marine Corps from 28 March 1957 to 2 December 1963, the NJARNG from 3 December 1963 to 22 December 1970, and the U.S. Army Reserve from 23 December 1970 to 15 June 1973.  

	d.  NGB Form 23 that shows he performed drills and earned retirement points during various periods from 16 June 1973 and 5 March 1976. 

	e.  Letter from the NJARNG to a Member of Congress, dated 15 July 2010, informing him that the NJARNG researched his records and determined he fell short of completing 20 years of service.  

	f.  Letter from the NJARNG to a Member of Congress, dated 20 March 2013, advising him that based on the documents the applicant submitted, the NJARNG determined he completed 18 years and 11 months of military service.  He did not attain 20 qualifying years.

	g.  Letter from the Member of Congress to the applicant, dated 22 March 2013, informing him that the NJARNG representative advised that the applicant did not attain 20 qualifying years of service for a non-regular retirement.  

4.  Title 10, U.S. Code, section 12731, provides that a non-Regular (Reserve) service member is entitled to retired pay upon application 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 1 October 1994 and ending 30 September 1999) shall have performed the last 6 years of qualifying service while a member of a Reserve Component.

5.  Army Regulation 135-180 (Qualifying Service for Retired Pay – Nonregular Service) states each Reserve component Soldier who completes the service required to be eligible for retired pay at age 60 under this regulation will be notified in writing within 1 year after he or she has completed that service.  This notification will be issued by the appropriate authority at the time 20 satisfactory years of service are completed.

DISCUSSION AND CONCLUSIONS:

1.  The key documents that are needed to determine how many qualifying years of service the applicant completed are not available for review with this case.  Specifically, neither his ARNG Form 23B (ARNG Retirement Points History Statement) nor an ARPC Form 249-E (Chronological Statement of Retirement Points) are available for review with this case.  

2.  Based on the documents he submitted, officials of the NJARNG determined he had completed 18 years and 11 months of military service which is short of the required 20 qualifying years of service for non-regular retirement.  

3.  If the applicant believes his ARNG Form 23B (or ARPC Form 249-E) is incorrect and does not show all of his qualifying service for non-regular retirement, he must contact the Commander, U.S. Army Human Resources Command, ATTN: SGS, Spearhead Division Avenue, Fort Knox, KY, 40122 for correction of this form and submit supporting evidence of the contested retirement points.  

4.  Eligibility requirements for retired pay and benefits are based on non-regular or RC military service as set forth in Title 10, U.S. Code, sections 12731-12737.  Members of the RC are authorized retired pay upon attaining 60 years of age and completing a minimum of 20 qualifying years of service.  A qualifying year is defined as a year in which the RC Soldier earned at least 50 retirement points.  The law authorizing retired pay based on service in the RC does not authorize this pay until all requirements have been fulfilled.

5.  Regrettably, there is insufficient evidence to grant the applicant the 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)                                         AR20130012192



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ABCMR Record of Proceedings (cont)                                         AR20130012192



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