IN THE CASE OF:	  

		BOARD DATE:	  7 August 2014

		DOCKET NUMBER:  AR20130020511 


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 credit as qualifying years for retirement years ending (RYEs) 16 June 1983, 15 June 1984, and 15 June 1985.

2.  The applicant states:

	a.  He was deployed at the point of getting close to mandatory retirement age.  He thought that the unit's administrator had everything well in hand for him to go on the retired list and start drawing his pay.

	b.  He returned to the unit on 27 December 2010 to complete the retirement paperwork.  That's when the unit administrator discovered that his "point sheet was empty."  

	c.  According to the applicant's understanding, there were no permanent records and everything had to be recreated. 

	d.  About 7 January 2011, when he received his retirement orders, he thought everything had been corrected; but then, he didn't receive a retirement check so he started to investigate.  

	e.  The Retired Reserve Branch, U.S. Army Human Resources Command (HRC), suggested that he request his financial records and extract as much information as possible.  He did this, but found gaps in the record that occurred when he knew that he had been actively participating in regular drills and annual training.  Although some of the records are still missing, the Leave and Earnings Statements (LESs) show he was an active participant during 1985.  He would have been paid for additional training assemblies and annual training by the local finance office so those wouldn't show on the LES.

	f.  He has sought help from a member of Congress and an Inspector General's (IG) investigation.  He is still credited with only 19 years, 10 months, and 19 days of creditable service for pay at age 60.  The IG suggested that he get a statement from a responsible individual from his former unit(s) who could provide confirmation about the applicant's participation during the periods in question.  The applicant located the retired officer with whom he had served and that individual confirmed his participation in 1984 and 1985.

3.  The applicant provides –

* 1 November 2013 Memorandum for Record from a retired colonel
* ARPC Form 249-E (Chronological Statement of Retired Points)
* LES for July 1985

CONSIDERATION OF EVIDENCE:

1.  The applicant served in the Regular Army from 27 June 1972 to 15 June 1982, a period of 9 years, 11 months, and 20 days.  Upon his separation from active duty his RYE date changed from the anniversary of his enlistment to the date he left active duty.  He served on active duty for 354 days and was credited with 11 months and 20 days of qualifying service.

2.  He affiliated with a U.S. Army Reserve (USAR) unit, and his ARPC Form   249-E shows he earned 60 points and a qualifying year for RYE 15 June 1983. 

3.  In RYEs 15 June 1984 and 15 June 1985, he was credited with 30 and 23 points, respectively.  He then had another 60 point qualifying year with RYE 15 June 1986.

4.  In January 2004, following a break in service of several years, the applicant joined the Army National Guard for two qualifying years and then returned to the USAR.  He was mobilized in 2008 through 2010.  During that last RYE he served on active duty for 360 days and is credited with 11 months and 4 days of qualifying service.

5.  The applicant turned 60 on 25 December 2010.  He is credited with 19 years, 11 months, and 25 days of qualifying service.

6.  He is presently assigned to the Retired Reserve.  On 5 November 2013, he applied for Retired Pay Benefits and submitted a DD Form 2656 (Data for Payment of Retired Personnel) and elected Survivor Benefit Plan (SBP) coverage for spouse and children based on the full gross pay.  He was apparently advised to apply to the Board.

7.  The applicant submitted in support of his request:

	a.  A 1 November 2013 Memorandum for Record from the retired colonel, a career Active Guard Reserve Soldier, states that he was both the adjutant and the unit technician of the applicant's USAR unit.  He can attest that the applicant was an active participating member from 1982 through 1985.

	b. An LES for July 1985 that carries the statement, "June/85 is first record month on computer – assigned 85 06 01."

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests credit for qualifying years for RYEs ending in 1983, 1984, and 1985.  

2.  His ARPC Form 249-E already shows his RYE 15 June 1983 is a qualifying year.

3.  The Memorandum from the retired colonel, who was in a position to know, indicates that the applicant was a regular participating member of his USAR unit from 1982 through 1985.  

4.  The following facts reinforce the conclusion that the ARPC Form 249-E is in error.

	a.  The applicant is credited with a qualifying year on each side of that 1983 through 1985 period; and 

	b.  the LES indicates that, "June/85 is first record month on computer – assigned 85 06 01."  Clearly, it should not have been the first record month.

5.  The applicant should be credited 20 years qualifying service for pay at age 60.

6.  In view of the foregoing findings and conclusions, it would be appropriate to rectify this injustice by correcting the applicant’s records as recommended below.

7.  An 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 applicant’s SBP status/coverage.  (It is noted that when he applied for retired pay he elected SBP coverage.)  The applicant is advised to contact his 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.

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.  redistributing retirement points to show a qualifying year for RYEs ending 15 June 1984 and 15 June 1985;

	b.  showing he was eligible for retired pay and placing him on the retired list and paying him retired pay in accordance with his November 2013 application from his 60th birthday.



      _______ _   _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)                                         AR20130020511





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ABCMR Record of Proceedings (cont)                                         AR20130020511



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