IN THE CASE OF:
BOARD DATE: 13 May 2014
DOCKET NUMBER: AR20140003487
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 removal of a second Notification of Eligibility for Retired Pay at Age 60 (20-year letter).
2. The applicant states her Integrated Personnel Electronic Record Management System (IPERMS) record contains two different 20-year letters. The first one is 31 March 2008 from the Washington Army National Guard (ARNG) which is the correct retirement letter with an entry date being 14 March 1988. The second letter is dated 18 April 2013 from the U.S. Army Reserve (USAR) which indicates it was created without using the five years of service with the National Guard. She has 26 good years for the retirement system. Her retirement points should have been corrected to include the five years served in the National Guard. She served in the USAR for 17 years, went to the Guard for 5 years, and then returned to the USAR in 2010.
3. The applicant provides copies of the two 20-year letters and an ARNG Retirement Points History Statement.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the USAR on 14 March 1988 and served continuously in the USAR until 26 October 2005 when she enlisted in the ARNG.
2. She served in the ARNG until 21 October 2010 when she returned to the USAR where she continues to serve.
3. The applicant completed 20 qualifying years of service for retirement on 13 March 2008 and was issued a 20-year letter by the Washington ARNG on 31 March 2008.
4. The applicant completed all related documentation for retirement benefits options, including Survivor Benefit Plan elections, on 12 July 2008.
5. The U.S. Army Human Resources Command (AHRC) issued a second 20-year letter on 18 April 2013.
6. Both 20-year letters state having completed the required years of service, she was eligible for retired pay upon application at age 60 in accordance with provisions of the Title 10, U. S. Code, Chapter 1223. Her eligibility for retired pay may not be denied or revoked on the basis of any error, miscalculation, misinformation, or administrative determination of years of creditable service performed unless it resulted directly from fraud or misrepresentation on her part. However, the number of years of creditable service in which retired pay is computed may be adjusted to correct any error, miscalculation, misinformation, or administrative determination. If such corrections are made she would be eligible for retired pay according to the number of years of creditable service, as corrected, from the date retired pay is granted.
DISCUSSION AND CONCLUSIONS:
1. The applicant qualified for and was issued a 20-year letter on 13 March 2008. There is no error or miscalculation of the information that generated this letter.
2. As noted by the applicant, HRC appears to have issued the second 20-year letter based solely on 20 years of service in the USAR and disregarding her service in the ARNG.
3. To avoid confusion as to her eligibility dates and required administrative dates, it is appropriate to delete the 20-year letter, dated 18 April 2013, issued by HRC from the applicant's records.
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 deleting the 18 April 2013 20-year letter issued by HRC from the applicant's records.
_______ _ _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) AR20140003487
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