BOARD DATE:	  7 August 2014

		DOCKET NUMBER:  AR20140012559 


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 recalculation of his [retirement points] for the purpose of qualifying for non-regular retirement. 

2.  The applicant states:

* he previously signed documents certifying completion of 20 qualifying years of service toward non-regular retirement
* he was an administrative supply technician
* there was a .45 caliber gun missing and a lieutenant was in charge and he gave things away
* the civilian police were involved in the cover-up; he was tried in civilian court instead of being tried by the military
* the lieutenant conducted an inventory and pencil-whipped the report
* when he (the applicant) conducted the inventory after the fact, he was slammed for the incident
* he has been fighting cancer for the past 2 years hoping that he would see this come through; he wants his wife to get what she is due 

3.  The applicant provides:

* National Guard Bureau (NGB) Form 23B (Army National Guard (ARNG) Retirement Points History Statement)
* Statement of Military Service to Estimated Eligibility for Retired Pay at Age 60
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ending on 1 October 1969
* Letter from the Massachusetts ARNG (MAARNG) Assistant Chief of Staff

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he was born in June 1943.  He turned 60 years of age in June 2003. 

2.  He enlisted in the Regular Army (RA) on 23 June 1960.  

3.  On 16 December 1960, he was convicted by a special court-martial of one specification of being absent without leave (AWOL) from 16 to 23 November 1960.  The court sentenced him to confinement at hard labor for 3 months, and a forfeiture of pay.  On 22 December 1960, the convening authority approved the sentence but suspended the confinement. 

4.  On 14 March 1963, he was honorably discharged for the purpose of immediate reenlistment.  His DD Form 214 shows he completed 2 years, 
8 months, and 9 days of active service and he had 13 days of lost time. 

5.  He reenlisted in the RA on 15 March 1963.  

6.  On 5 February 1965, he was convicted by a special court-martial of two specifications of being AWOL from 22 to 31 December 1964 and from 3 to 
20 January 1965.  The court sentenced him to confinement at hard labor for 
3 months, a forfeiture of pay, and reduction to E-1.  On 10 February 1965, the convening authority approved the sentence.

7.  On 2 July 1965, he was convicted by a special court-martial of one specification of being AWOL from 23 March to 4 June 1965.  The court sentenced him to confinement at hard labor for 6 months and a forfeiture of pay.  On 2 July 1965, the convening authority approved the sentence.

8.  He was honorably discharged on 1 October 1969.  His DD Form 214 shows he completed 5 years, 11 months, and 19 days of active service during this period and he had 2 years, 8 months, and 9 days of prior active service.  He also had 207 days of lost time during this period of service. 

9.  According to his NGB Form 22 (Report of Separation and Record of Service), he enlisted in the MAARNG on 4 March 1973 and he held infantry and logistics specialties.  He was promoted to the rank/grade of staff sergeant/E-6 on 1 May 1985.  
10.  He entered active duty on 1 August 1981 in an Active Guard Reserve status. He was assigned to the 2nd Battalion, 181st Infantry, MAARNG.  He was honorably released from active duty on 14 February 1984.  He completed 
2 years, 6 months, and 14 days of active service during this period.  

11.  The complete facts and circumstances of his discharge from the ARNG are not available for review with this case.  However, his NGB Form 22 shows he was discharged for misconduct on 15 February 1986 in accordance with paragraph 7-9s of National Guard Regulation (NGR) 600-200 (Enlisted Personnel Management) with a general characterization of service.

12.  He provides: 

	a.  A document, titled:  Statement of Military Service to Estimated Eligibility for Retired pay at Age 60, dated 1 August 1984, that shows he completed 20 years, 1 month, and 25 days of creditable service as follows: 

* U.S. Army, 4 February 1961 to 1 October 1969; 8 years, 7 months, and 28 days
* ARNG, 4 March 1973 to 31 July 1981; 8 years, 4 months, and 27 days
* ARNG (active duty); 1 August 1981 to 14 February 1984; 2 years, 6 months, and 14 days
* ARNG, 15 February to 1 August 1984; 6 months and 16 days 

	b.  An NGB Form 23B printed on 25 June 2014 that shows he completed 19 years, 8 months, and 2 days of qualifying service for non-regular retirement. 

13.  His records contain and he provides a letter, dated 30 June 2014, from the Assistant Chief of Staff, MAARNG, to the applicant's Member of Congress.  Attached to this letter are documents used to audit his retirement points.  The Assistant Chief of Staff states:  

	a.  This letter is on behalf of the The Adjutant General, MAARNG.  It is a follow up from an original response dated 20 May 2014.  Since that time, his office has received the applicant's financial records from the Defense Finance and Accounting Service (DFAS).  His personnel analysts have meticulously gone through the applicant's military service history in order to determine if he qualifies for 20 years of good service (and thus, eligible for a Non-Regular Retirement annuity beginning at age 60).  If he did qualify, it is likely that he would receive a portion of his annuity retroactively.

	b.  The unfortunate outcome of the analysts' efforts is that the applicant falls four months shy of qualifying for a Non-Regular retirement.  Given the fact he was so close to qualifying, the analysts conducted multiple re-checks of their efforts to ensure that no DFAS records were overlooked.  To no avail, their calculation still placed the applicant's qualifying service at 19 years and 
8 months.  

14.  Title 10, U.S. Code, section 12731 provides the legal age and service requirements for age and service for Reserve non-regular retirement.  It states that a person is entitled, upon application to retired pay if the person has attained the applicable eligibility age, has performed at least 20 years of service computed under section 12732 of this Title; and is not entitled, under any other provision of law, to retired pay from an armed force or retainer pay as a member of the Fleet Reserve or the Fleet Marine Corps Reserve.

15.  NGR 600-200 provides for the management of ARNG enlisted Soldiers.  Paragraph 7-9 provides for the separation of enlisted Soldiers for misconduct. 

16.  Army Regulation 135-180 (Qualifying Service for Retired Pay – Nonregular Service) states each Reserve Component (RC) 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.  By law and regulation, RC members 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.  The applicant served in the RA from 23 June 1960 to 1 October 1969.  He then served in the ARNG from 4 March 1973 to 15 February 1986.  He was discharged for misconduct.  He completed a total of 19 years, 8 months, and 
2 days of qualifying service toward non-regular retirement.  Since he did not complete 20 qualifying years, he is ineligible for the issuance of a 20-year letter or retired pay at age 60. 

3.  The Statement of Military Service, dated 1 August 1984, and crediting him with 20 years, 1 month, and 25 days of total creditable service does not mean "qualifying service."  The MAARNG audited his records multiple times in an effort to ensure the calculation of his points is accurate.  To no avail, the calculation yielded a total of 19 years, 8 months, and 2 days of qualifying service.  

4.  A careful and thorough review of the documents used to audit his points revealed the calculation of his points by the MAARNG is accurate and requires no further correction.  He did not provide any new or additional documentation to support additional retirement points.  

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)                                         AR20140012559





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ABCMR Record of Proceedings (cont)                                         AR20140012559



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