IN THE CASE OF:
BOARD DATE: 22 September 2015
DOCKET NUMBER: AR20150000781
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, correction of his records to show he is entitled to nonregular (Reserve) retired pay.
2. The applicant states:
* he served a total of 20 years in the Regular Army and Army National Guard (ARNG)
* he was told he did not qualify for a 20-year letter because he only served 19 1/2 years in the Army
3. The applicant provides:
* ARNG retirement points history statement
* service military records
* DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) for the periods ending 16 February 1969, 28 December 1969, and 13 June 1972
* National Guard Bureau (NGB) Forms 22 (Report of Separation and Record of Service) for the periods ending 28 September 1979, 31 October 1986, and 15 October 1993
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 was born in September 1944. Having enlisted service in the Regular Army from 12 June 1968 to 13 June 1972, he enlisted in the ARNG on 29 September 1976. He was honorably discharged from the ARNG on 28 September 1979 for expiration term of service.
3. After a break in service, he enlisted in the ARNG on 1 November 1979. He was honorably discharged from the ARNG on 31 October 1986 for completion of term of enlistment.
4. After another break in service, he enlisted in the ARNG on 26 August 1988. He was discharged under honorable conditions from the ARNG on 15 October 1993.
5. The applicant's ARNG retirement points history statement, prepared on 11 December 2003, shows he completed 17 years and 2 days of qualifying service for retired pay.
6. There is no evidence that shows he completed 20 years of qualifying service for retired pay purposes.
7. 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.
8. 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.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant completed 17 years and 2 days of qualifying service for Reserve retired pay. 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. Since there is no evidence he completed 20 qualifying years of service for Reserve retired pay, there is no basis for granting his request.
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 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) AR20150000781
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ABCMR Record of Proceedings (cont) AR20150000781
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