IN THE CASE OF:	  

		BOARD DATE:	  18 August 2015

		DOCKET NUMBER:  AR20140019997 


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 correction of her military records to show she is entitled to Non-regular (Reserve) retirement based on over 20 years of qualifying service.

2.  The applicant states:

	a.  She served 22 years with the U.S. Navy Reserve (USNR), U.S. Army Reserve (USAR), and Army National Guard (ARNG).

	b.  She provided a Statement of Service for Navy Reserve Retirement, dated 18 June 2014, showing additional retirement points for her 20-year pension.

	c.  From 10 June 1992 to 28 April 1993, she earned 92 retirement points which makes a qualifying year.

3.  The applicant provides:

* documentation from the Board for Correction of Naval Records
* Statement of Service for Navy Reserve Retirement, dated 18 July 2014
* Defense Finance and Accounting Service Military Leave and Earnings Statements
* U.S. Army Human Resources Command Chronological Statement of Retirement Points, dated 1 July 2015
* U.S. Army Human Resources Command letter, dated 21 November 2014


* active duty orders, dated 16 June 1992
* diploma

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the USNR on 22 April 1975 and she was honorably discharged on 9 June 1992.

3.  She enlisted in the USAR on 10 June 1992 and she was honorably discharged on 21 September 1995.  She enlisted in the ARNG on 22 September 1995 and she was honorably discharged on 9 June 1997.  After a break in service, she enlisted in the ARNG on 9 August 1999 and she was honorably discharged on 31 December 1999.

4.  She reached age 60 on 10 April 2002.

5.  She provided documentation from the Board for Correction of Naval Records which states her request for additional retirement points was approved and administratively resolved.  She was provided a Statement of Service for Navy Reserve Retirement, dated 18 July 2014, which shows she was credited with 15 years, 1 month, and 11 days of qualifying years of service for the period 22 April 1975 to 9 June 1992.

6.  On 21 November 2014, she was notified by letter that the U.S. Army Human Resources Command Reserve Component Retirements Branch determined she was not eligible for Reserve retirement because she did not have 20 qualifying years of service.

7.  Her U.S. Army Human Resources Command Chronological Statement of Retirement Points, dated 1 July 2015, shows she was credited with a total of 19 years, 6 months, and 7 days of qualifying service for Non-regular (Reserve) retirement in the USNR, USAR, and ARNG.  This statement further shows:

	a.  From the USAR retirement year beginning 10 June 1992 through partial retirement year ending (RYE) 28 April 1993, she was credited with 92 retirement points (9 inactive duty, 13 membership, and 70 active duty).

	b.  From the USAR retirement year beginning 29 April 1993 through RYE 28 April 1994, she earned 15 membership retirement points.

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

9.  Army Regulation 135-180 (Retirement for Non-regular Service) implements statutory authorities governing granting retired pay for Non-regular service to Soldiers in the ARNG, ARNG of the United States, and 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends she served 22 years of service in the USNR, USAR, and ARNG and she was denied a 20-year Reserve retirement. 

2.  Her records show:

	a.  She was credited with 15 years, 1 month, and 11 days of qualifying service as a member of the USNR from 22 April 1975 to 9 June 1992.

	b.  She was credited with 4 years, 4 months, and 25 days of qualifying service as a member of the USAR and ARNG from 10 June 1992 to 31 December 1999.

3.  She completed 19 years, 6 months, and 7 days of qualifying service for Non-regular retirement.

4.  As a matter of equity, it would be appropriate to correct her records by redistributing 35 excess retirement points to RYE 28 April 1994, thereby making it a qualifying year for Non-regular retirement.

5.  Based on this correction, her records should be further corrected to show she applied for retired pay at age 60 effective 10 April 2002.

6.  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 her 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 a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  redistributing 35 excess retirement points to RYE 28 April 1994, thereby making it a qualifying year for Non-regular retirement;

	b.  showing she applied for retired pay effective 10 April 2002;

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

	d.  paying her any back retired pay due as a result of this correction.



      ___________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)                                         AR20140019997





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ABCMR Record of Proceedings (cont)                                         AR20140019997



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