BOARD DATE:	  19 March 2015

		DOCKET NUMBER:  AR20140013665 


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 reconsideration of his previous request for correction of his records to show he completed 20 qualifying years of service for Reserve retired pay and his rank/grade as sergeant first class (SFC)/E-7.

2.  The applicant states he is providing a new argument that was not previously considered. 

3.  The applicant provides page 3 of his DA Form 2-1 (Personnel Qualification Record) and DA Form 3693-1 (Army Leave and Earnings Statement (LES)).

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130014949, on 27 May 2014.

2.  As a new argument the applicant states the Board overlooked the LES he had previously submitted that showed he had 20 years of service.  In addition, when he graduated from Recruiting school he was automatically promoted to the rank of SFC.  He was then ordered to active duty in 1988 as a member of the U.S. Army Reserve (USAR) in the rank of SFC for a period of 3 years. 

3.  The applicant provides:

* an LES for the pay period 1 to 31 July 1989, wherein it shows his pay grade as E-6, his pay entrance basic date (PEBD) as 21 August 1968, and his basic active service date (BASD) as 20 February 1988
* one page of his DA Form 2-1 wherein it shows from 20 February to 1 June 1988 he was slotted in an E-7 slot as an Active/Guard Reserve (AGR) USAR Field Recruiter at the Pittsburgh Recruiting Battalion

4.  The applicant was born in April 1948.  He enlisted in the U.S. Navy Reserve (USNR) delayed entry program (DEP) on 21 August 1968.  He was discharged from the USNR DEP on 30 June 1968.  

5.  He enlisted in the U.S. Navy (USN) on 1 July 1968 and he was honorably discharged from the USN on 29 April 1970.  He completed 1 year, 9 months, and 29 days of net active service during this period of service.

6.  He enlisted in the Army National Guard (ARNG) on 13 March 1974 and was honorably discharged from the ARNG on 12 March 1976.  During his service in the ARNG, he was credited with 2 years of qualifying service for a nonregular retirement.

7.  He enlisted in the USAR on 21 April 1976.  He was promoted to the rank/grade of staff sergeant (SSG)/E-6 on 15 April 1981.  He attended and successfully completed the USAR Recruiter Course from 10 January to 19 February 1988.  He was awarded military occupational specialty (MOS) 00R (Recruiter).  

8.  He was ordered to active duty as a member of the USAR and he entered active duty on 20 February 1988.  He was honorably discharged from active duty and from the USAR on 29 August 1989 in the rank of SSG.  

9.  For his service in the USAR from 21 April 1976 to 29 August 1989, he was credited with 13 years, 4 months, and 8 days of qualifying service for a nonregular retirement of which 1 year, 6 months, and 9 days was active service.  

10.  His record contains U.S. Army Reserve Personnel Component (ARPC) Form 249-E (Chronological Statement of Retirement Points), dated 11 July 2013, wherein it shows he completed 17 years, 2 months, and 7 days of qualifying service for a nonregular retirement.  This included his active service in the USN of 1 year, 9 months, and 29 days; his inactive service in the ARNG of 2 years; and his inactive/active service in the USAR of 13 years, 4 months, and 8 days.



11.  Army Regulation 135-180 (Army National Guard and USAR – Qualifying Service for Retired Pay Nonregular Service) implements statutory authorities governing granting retired pay to Soldiers and former Reserve Component Soldiers.  Paragraph 2-8 states a Reserve Soldier must earn a minimum of 50 retirement points each retirement year to have that year credited as qualifying service.  Only Soldiers assigned to an active status in a Reserve Component or individuals in active Federal service are authorized to earn retirement point credit.

12.  Title 10, U.S. Code, sections 12731 through 12740, currently authorize retired pay for Reserve Component military service.  Under this law, a Reserve Soldier must complete a minimum of 20 qualifying years of service to be eligible for retired pay at age 60.

13.  Department of Defense Financial Management Regulation (Military Pay Policy and Procedures Active Duty and Reserve Pay), states, in part, service members will be paid for the years of service based on their initial PEBD.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant completed 17 years, 2 months, and 7 days of qualifying service for Reserve retired pay and was discharged from the USAR in the rank of SSG.  By law, a Reserve Soldier must complete a minimum of 20 qualifying years of service (minimum of 50 retirement points each retirement year) to be eligible for retired pay.  

2.  Although the July 1989 LES he provided showed his pay was based on 20 years of service, this was based on his PEBD on 21 August 1968, the date he initially enlisted in the USNR DEP of 21 August 1968 and only counts for pay purposes.  It does not equate to the number of years served on active/inactive duty.  This LES also shows his grade at the time was E-6 and not E-7 as he contends.  

3.  In addition, while he may have served in an E-7 slot for a period of time, there is no evidence and he has not provided any evidence that shows he was ever promoted to the rank/grade of SFC/E-7 while serving in any military component.  Promotions to the rank/grade of sergeant/E-5 through SFC/E-7 are not and never have been automatic promotions.

4.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's 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 to amend the decision of the ABCMR set forth in Docket Number AR20130014949, dated 27 May 2014.



      _______ _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)                                         AR20140013665





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ABCMR Record of Proceedings (cont)                                         AR20140013665



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