IN THE CASE OF:	  

		BOARD DATE:	 9 June 2015 

		DOCKET NUMBER:  AR20140014603 


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, credit for 20 years of qualifying service for a Reserve retirement.

2.  The applicant states:

   a.  He qualifies for a Reserve retirement; however, the U.S. Army Human Resources Command (HRC) denied his application and did not respond to his request dated 2 August 2013.
   
   b.  HRC only considered the 18 years, 6 months, and 7 days qualifying service reflected on his ARPC Form 249-E (Chronological Statement of Retirement Points) dated 8 July 2013.
   
   c.  He provides additional documents that proves he performed 20 years of qualifying service to qualify for retirement.
   
3.  The applicant provides:

* Self-authored statements dated 13 August and 7 November 2014 
* ARPC Forms 249-E dated 9 July 2013 and 8 October 2014
* two ATSC Forms 157 (Data Mailer)
* HRC letter dated 9 July 2013
* Honorable Discharge Certificate
* Counsel letters dated 2 August 2013 and 18 November 2014
* Additional DD Form 149 (Application for Correction of Military Record) dated 18 November 2014, with the indexed list of attachments

CONSIDERATION OF EVIDENCE:

1.  The applicant was born on 6 February 1934.  His record shows he initially served in the active component of the United States Air Force (USAF) from 20 March 1953 to 26 September 1969.  He completed a total of 16 years, 6 months, and 7 days of creditable active duty service.

2.  On 23 December 1974, he enlisted in the U.S. Army Reserve (USAR).  He served in a Reserve Component (RC) status either in the USAR or Army National Guard through 22 April 1992, at which time he was honorably discharged from the USAR, in the rank of staff sergeant.

3.  On 9 July 2013, the Chief, Retired Pay Branch, HRC, notified the applicant:

   a.  A Reserve Soldier or former Reserve Soldier must have completed a minimum of 20 qualifying years of service of which the last 8 years must have been in a RC.
   
   b.  An audit of his military record shows he completed 18 years, 6 months, and 7 days of qualifying service for retirement as shown on his retirement points history statement.  Accordingly, he was ineligible to receive retired pay.
   
4.  On 2 August 2013, the applicant's counsel forwarded HRC two ATSC Forms 157.  These documents show the applicant earned 54 credit hours for the retirement year ending (RYE) 22 December 1984 and 123 credit hours for the RYE 22 December 1985.

5.  During the processing of this case an advisory opinion was obtained from the Chief, RC Retirement Branch, HRC, dated 8 October 2014.  In it, the Chief stated the applicant's retirement points for the RYE dates 22 December 1985 and 22 December 1985 formed the basis to correct his total qualifying service to reflect 19 years, 6 months, and 7 days.  (A new AHRC Form 249-E was issued 8 October 2014; however, he still did not have 20 qualifying years service.)
   
6.  On 11 November 2014, the applicant submitted a second DD Form 149 requesting the AHRC Form 249-E, dated 8 October 2014, be corrected to show he served 20 years qualifying service for retirement.  He indicated his service in the Georgia Army National Guard from 22 December 1974 – 22 December 1975 was not accounted for on this document and he provided a copy of his enlistment contract and military pay vouchers evidencing this service.
7.  On 28 April 2015, an ABCMR staff member provided the Program Manager, RC, Retired Pay Branch, HRC, the additional documents evidencing the applicant's enlistment and service in the RC from 22 December 1974 through June 1975.  On 28 April 2015, the Chief, Reserve Retired Pay, HRC, responded by email indicating the applicant's points were corrected to show he completed 20 years service, however; he did not have 8 qualifying years in the Reserve to make him eligible for retirement at age 60.

8.  On 3 June 2015, an AHRC Form 249-E was generated.  This document confirms the applicant completed 20 years, 6 months, and 7 days of qualifying service for retirement.  It also shows he earned less than 50 points for his remaining 8 years of service from 23 December 1985 to 23 April 1992.

9.  Army Regulation 135-180 implements statutory authorities governing the granting of retired pay to Soldiers and former Reserve component Soldiers.  Chapter 2 provides the criteria for Retired Pay.

	a.  Paragraph 2-2 provides the basic qualifying service requirements.  To be eligible for retired pay at or after the age 60, an individual need not have military status at the time of application, but must have completed one of the following:

    (1)  A minimum of 20 years of qualifying service computed under Title 10
USC 12732; or,

       (2)  Fifteen years of qualifying service, and less than 20, computed under Title 10 USC 12732, if the individual is to be separated because the Soldier has been determined unfit for continued Selected Reserve service, and none of the conditions in 10 USC 12731b(b) exist.

b.  Paragraph 2-3 provides other service requirements and it states additional RC service requirements include—

   (1) For Soldiers who completed the years of qualifying service in 
paragraph 2-2 before 5 October 1994, the last 8 years of qualifying service must have been in a component other than a regular component, the Fleet Reserve, or the Fleet Marine Corps Reserve.

   (2) For Soldiers who completed the years of qualifying service on or after 
5 October 1994, but before 25 April 2005, the last 6 years of qualifying service must have been in a component other than a regular component, the Fleet Reserve, or the Fleet Marine Corps Reserve.


   (3) For Soldiers who completed the years of qualifying service on or after
25 April 2005, there is no minimum RC service requirement.

   (4) The service required in paragraphs 2-3a(1) and 2-3a(2) do not need to 
be continuous years of qualifying service.

10.  Sections 12731 through 12738 of the U.S. Code 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.  The term good years is an unofficial term used to mean years in which 50 or more retirement points are earned during each year and which count as qualifying years of service for retirement benefits at age 60.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be granted sufficient service to qualify for non-regular Reserve retirement at age 60 was carefully considered.  However, there is insufficient evidence to support this claim.

2.  By law and regulation, in order to be eligible for non-regular Reserve retirement and retired pay at age 60 a member must complete a minimum of 
20 years of qualifying service and that qualifying service is granted only for each year of service an individual earns 50 or more retirement points.  For Soldiers who completed the years of qualifying service before 5 October 1994, the last 8 years of qualifying service must have been in a RC.  The law provides no provisions for waiving the age and service requirements for 
non-regular retirement.

3.  The evidence of record contains an ARPC Form 249-E that confirms between his initial entry into military service on 20 March 1953 and his honorable discharge from the USAR on 22 April 1992, the applicant completed 20 years, 6 months, and 7 days of qualifying service for non-regular retirement.  However, he did not did not earn the necessary 50 points per year while serving in the RC during his last 8 years between 23 December 1985 and 22 April 1992.  

4.  The applicant, as an active member a RC, should have been receiving annual ARPC Forms 249-E.  He could have raised any questions concerning his points/qualifying years of service at any time.  Absent any evidence of the applicant’s active involvement in the USAR between 23 December 1985 and 
22 April 1992, and/or confirming additional qualifying service, there is an insufficient evidentiary basis to support granting 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)                                         AR20140014603





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ABCMR Record of Proceedings (cont)                                         AR20140014603



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