IN THE CASE OF:    

		BOARD DATE:  25 August 2015	  

		DOCKET NUMBER:  AR20140020049 


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, a waiver of between 6 and 9 months of military service to complete 20 years of service for benefits to include a pension and privileges.

2.  The applicant states, in effect, he terminated his service with the U.S. Army Reserve (USAR) because his new first sergeant was out to replace him with a friend.  His real problem was the lack of leadership from his command.  He had no armorer or clerk and he could not trust anyone that he was assigned because they would steal the supplies and he would have to do a report of survey for the stolen articles.  The unit also experienced break-in because they were in a poor section of the city.  

3.  Additionally, the applicant states his company commander cut the locks off the arms room door because he couldn't find the keys when he was at home recuperating from ankle surgery.  The equipment and weapons were issued without hand receipts.  He was notified and called in because he was the armorer.  The compound was closed before the Soldiers exited.  The military police and the local police were notified and a report was made immediately.  He decided around January/February 1989 the first sergeant wanted too much of his time and demanded too much.  The first sergeant wanted him to do additional work during the month, between scheduled Reserve meetings.  He was looking for a good reason to write him up and replace him.  His time was valuable and he was working long hard hours at United Parcel Service.  His family also needed him as a father.  He completed a 100 percent inventory of all the equipment and turned everything over to his unit.
4.  The applicant provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 23 December 1972
* a Certificate of Appreciation for service in the Armed Forces of the United States from 26 November 1969 - 23 December 1972, signed by President Nixon
* a letter of appreciation, dated 11 August 1979, from the 
185th Transportation Company
* a Combat Readiness Competition award for 3rd place, dated 1980
* a DA Form 1059 (Service School Academic Evaluation Report), dated 
31 May 1981
* a DA Form 2166-5 (Enlisted Evaluation Report) for the period ending November 1984
* U.S. Army Reserve Personnel Center, St. Louis, MO Orders D-06-054121, dated 21 June 1989
* his Honorable Discharge Certificate
* a DARP Form 249 (Chronological Statement of Retirement Points), dated 10 July 1989

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.  On 23 December 1972, he was released from active duty and transferred to the USAR Control Group (Reinforcement).  He had completed 2 years,
10 months, and 3 days of Regular Army service.  

3.  On 23 January 1975, he was transferred from the USAR Control Group (Standby) to a troop program unit in Chicago, IL.  

4.  He enlisted in the USAR on 4 June 1977.  He immediately reenlisted on 
2 April 1980 and on 12 February 1983.  
5.  An undated DARC Form 249-1-R (Request for Correction of Chronological Statement of Retirement Points for USAR Troop Program Members) shows he earned 365 retirement points for the retirement years ending (RYE) 25 November 1970, 1971, and 1972.  He earned 30 retirement points for the RYE 
23 December 1972.  The form reflects the following retirement point credit for the RYE:

* 15 February 1977 - 57 points
* 15 February 1978 - 74 points
* 15 February 1979 - 73 points
* 15 February 1980 - 75 points
* 15 February 1981 - 80 points
* 16 February 1981 - 15 February 1984 contain a note "see attached DARP 249"
* 15 February 1985 - 55 points
* 15 February 1986 - contains a note "see attached DARP 249"
* 15 February 1987 - 56 points
* 15 February 1988 - 30 points

6.  A DARP Form 249, dated 6 September 1987, shows his total service (qualifying and non-qualifying) for longevity pay purposes as 17 years, 5 months, and 22 days.  This form shows the following retirement points for the RYE:

* 15 February 1982 - 60 points
* 15 February 1983 - 75 points
* 15 February 1984 - 75 points
* 15 February 1985 - 26 points
* 15 February 1986 - 74 points
* 15 February 1987 - 39 points

7.  A DARP Form 606 (Retirement Points Pertaining to (the applicant), dated 
29 April 1988, shows he earned 50 retirement points during the period 
16 February 1975 and 15 February 1976.

8.  On 1 November 1988, he was transferred to the USAR Control Group (Reinforcement).

9.  On 20 June 1989, he was discharged from the USAR.

10.  The applicant provided a DARP Form 249, dated 10 July 1989, showing his total service (qualifying and non-qualifying) for longevity purposes as 19 years, 
5 months, and 25 days.  This form shows the retirement point credit for RYE:

* 15 February 1982 - 82 points
* 15 February 1983 - 76 points
* 15 February 1984 - 75 points
* 15 February 1985 - 26 points
* 15 February 1986 - 74 points
* 15 February 1987 - 39 points
* 15 February 1988 - 62 points
* 15 February 1989 - 36 points

11.  Army Regulation 135-180 (Qualifying Service for Retired Pay Non-Regular Service), in effect at the time,  implemented the statutory authority governing what constitutes qualifying service for retired pay for non-regular service in the Reserve Components.  

   a.  To be eligible for retired pay, an individual must have attained the age of 60 and completed a minimum of 20 years of qualifying service.  
   
b.  Paragraph 2-8b of Appendix B (Qualifying Service) states a Reservist must earn a minimum of 50 retirement points each retirement year to have that year credited as qualifying service.

12.  Title 10, U.S. Code (USC), chapter 1223 (Retired Pay for Non-regular Service), section 12731 (Age and Service Requirements), provides that a person is entitled upon application to retired pay if the person is age 60 and has performed at least 20 years of qualifying service.  A qualifying year is determined to be a year in which a minimum of 50 retirement points have been credited for a Reserve member.

13.  Title 10 USC, section 3914 states under regulations to be prescribed by the Secretary of the Army, an enlisted member of the Army who has at least 
20 years, but less than 30 years of service computed under section 3925 of this title may, upon his request, be retired.  Section 3925 states for the purposes of determining whether an enlisted member of the Army may be retired under section 3914 his or her years of service are computed by adding all active service in the armed forces.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he left the USAR because of conflicts with his first sergeant, his company commander, and the lack of leadership from the command.  However, he has provided no substantive evidence to support his contentions.

2.  There is no substantive evidence to support the applicant was forcibly discharged from the USAR.

3.  In order to retire with 20 years of service under Title 10 USC, section 3914, a member must have 20 or more years of active service.  The applicant did not have 20 or more years of active service.  He does not meet the requirements of Title 10 USC, section 3914 for retirement.

4.  In order to receive retirement pay at age 60 for non-regular service a member must have completed at least 20 years of qualifying years of service.  A qualifying year of service is defined as having earned a minimum of 50 retirement points in each retirement year.

5.  The applicant’s undated DARC Form 249-1-R, DARP Form 606, and DARP Forms 249, dated 6 September 1987 and 10 July 1989, show he had only 
14 years in which he earned at least 50 retirement points.  These years and his period of Regular Army service do not meet the requirement for 20 qualifying years of service for non-regular retirement pay at age 60.

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)                                         AR20140020049



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ABCMR Record of Proceedings (cont)                                         AR20140020049



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