IN THE CASE OF:	  

		BOARD DATE:	  16 June 2015

		DOCKET NUMBER:  AR20140015466 


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 earlier request to correct his military records to show he is entitled to non-regular (Reserve) retirement based on over 20 years of qualifying service.

2.  The applicant states, in effect:

* he was denied retirement
* he has 21 years of Army service 
* he served 19 years from 1975 to 1994
* he reentered the U.S. Army Reserve (USAR) from 2000 to 2003
* he has waited over 10 years for his retirement
* no one told him the last 6 years had to be continuous service
* he does not believe this is fair

3.  The applicant provides:

* letter from a Member of Congress, dated 11 August 2014
* letter from the U.S. Army Human Resources Command to a Member of Congress, dated 21 July 2014
* discharge orders, dated 18 February 2003
* chronological statement of retirement points, dated 2 July 2014
* reassignment orders, dated 10 February 2003



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 AR20130016521 on 5 June 2014.

2.  The applicant's contention that he was never told the last 6 years had to be continuous service is a new argument that will be considered by the Board.

3.  He was born on 12 January 1953.

4.  He enlisted in the USAR on 21 February 1975.  On 27 January 1987, he was discharged from the USAR for immediate enlistment in the Regular Army.

5.  He enlisted in the Regular Army on 28 January 1987.  He was honorably discharged on 7 August 1994.  He completed 7 years, 6 months, and 10 days of net active service during this period.

6.  He enlisted in the USAR on 25 September 2000 following a break in service.  He was honorably discharged from the USAR on 18 February 2003.

7.  He reached age 60 on 12 January 2013.

8.  His Chronological Statement of Retirement Points, dated 2 July 2014, shows he was credited with a total of 21 years, 3 months, and 19 days of qualifying service for non-regular (Reserve) retirement.  This statement further shows:

	a.  From the USAR retirement year beginning 21 February 1975 through the retirement year ending (RYE) 20 February 1986, he was credited with 1 qualifying year each year for a total of 11 years of qualifying service for non-regular retirement.

	b.  From the USAR retirement year beginning 21 February 1986 through the partial RYE 27 January 1987, he earned 34 inactive duty points and 14 membership points for a total of 48 points.  He was credited with 11 months and 7 days of qualifying service for non-regular retirement.

	c.  From the partial Regular Army retirement year beginning 28 January 1987 through the RYE 20 February 1987, he earned 24 active duty points for a total of 24 points.  He was credited with 24 days of qualifying service for non-regular retirement.

	d.  From the Regular Army retirement year beginning 21 February 1987 through the RYE 20 February 1994, he earned 365 active duty points for a total of 365 points each year.  He was credited with 1 year of qualifying service each year for a total of 7 years of qualifying service for non-regular retirement.

	e.  From the Regular Army retirement year beginning 21 February 1994 through the partial RYE 7 June 1994, he earned 107 active duty points for a total of 107 points.  He was credited with 3 months and 18 days of qualifying service for non-regular retirement.

	f.  From the partial USAR retirement year beginning 8 June 1994 through the RYE 8 August 1994, he was credited with 3 membership points for a total of 3 points.  He was not credited with any period of qualifying service for retirement.

	g.  From the retirement year beginning 9 August 1994 through the partial RYE 24 September 2000, he had a 6-year break in service.

	h.  From the USAR retirement year beginning 25 September 2000 to the RYE 24 September 2002, he was credited with 1 year of qualifying service each year for a total of 2 years of qualifying service for non-regular retirement.

	i.  From the USAR retirement year beginning 25 September 2002 to the partial RYE 17 February 2003, he was credited with 6 membership points for a total of 6 points.

9.  His records do not contain a notification of eligibility for retired pay at age 60 (20-year letter).

10.  On 5 June 2014, the ABCMR denied the applicant's request for a 20-year non-regular retirement because he did not serve the last 6 of his qualifying years as a Reserve Component Soldier.

11.  Army Regulation 135-180 (Retirement for Non-regular Service) implements statutory authorities governing granting retired pay for non-regular service to Soldiers in the Army National Guard, Army National Guard of the United States, and the USAR and prescribes Army policies and procedures governing non-regular retirement.  Chapter 2 provides that to be eligible for retired pay, an individual need not have a military status at the time of application, but must have attained age 60 and completed a minimum of 20 years of qualifying service.

	a.  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.

	b.  Any period of service as a member of a Regular Component between periods of Reserve service counted toward the 8 or 6-year requirement will be included in the determination of the Soldier's total years of qualifying service toward eligibility for non-regular retired pay, but will not count toward the last 8 or 6 years.

12.  Title 10, U.S. Code, chapter 1223 (Retired Pay for Non-regular Service), states a person is entitled, upon application, to retired pay computed under section 12739 of this title, if the person performed at least 20 years of service as computed under section 12732 of this title before 25 April 2005 and performed the last 6 years of qualifying service while a member of any category of this title, but not while a member of a Regular Component, the Fleet Reserve, or the Fleet Marine Corps Reserve.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he performed 21 years of service in the Army and he was denied non-regular (Reserve) retirement.

2.  His request for a 20-year non-regular (Reserve) retirement was denied by the ABCMR on 5 June 2014 because he did not serve the last 6 of his qualifying years as a Reserve Component Soldier.

3.  His records show:

	a.  He was credited with 11 qualifying years of service as a member of the USAR from 21 February 1975 through 20 February 1986.

	b.  He was credited with 1 qualifying year of service (combined) as a member of the USAR and Regular Army from 21 February 1986 through 20 February 1987.

	c.  He was credited with 7 qualifying years of service as a member of the Regular Army from 21 February 1987 through 20 February 1994.

	d.  He was credited with 2 qualifying years of service as a member of the USAR from 25 September 2000 through 24 September 2002.

4.  He completed over 21 years of qualifying service for Non-regular retirement; however, only 2 of the last 6 of his qualifying years were performed as a Reserve Component Soldier.

5.  As a matter of equity, it would be appropriate to correct his records to show his status or component as USAR for the following retirement years thereby making them qualifying years for non-regular retirement:

* 21 February 1990-20 February 1991
* 21 February 1991-20 February 1992
* 21 February 1992-20 February 1993
* 21 February 1993-20 February 1994

6.  Based on this correction, his records should be further corrected to show he applied for retired pay at age 60 effective 12 January 2013.

7.  As a related issue, a Survivor Benefit Plan (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.  The applicant should be directed 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.

BOARD VOTE:

____x___  ____x___  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20130016521, dated 5 June 2014.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  correcting his records to show his status or component as USAR for the following retirement years thereby making them qualifying years for non-regular retirement:

* 21 February 1990-20 February 1991
* 21 February 1991-20 February 1992
* 21 February 1992-20 February 1993
* 21 February 1993-20 February 1994

	b.  showing he applied for retired pay effective 12 January 2013; and

	c.  showing his application was timely received and processed by the appropriate office.



      _______ _   _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)                                         AR20140015466



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ABCMR Record of Proceedings (cont)                                         AR20140015466



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