PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           3 June 1999                   
	DOCKET NUMBER:   AR1999020823

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Thomas B. Redfern III		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his retirement point credit for the period 21 July 1972 to 10 July 1973 be amended to reflect one year creditable for retirement pay in lieu of 11 months and 20 days as currently shown.  This is, in effect, a request for transfer to the Retired Reserve with eligibility for retired pay at age 60 in lieu of the discharge he received from the Army National Guard (ARNG) on 23 December 1987.

3.  The applicant states that he lost track of his retirement year end (RYE) date and that neither he nor his unit was aware that he was 10 days short of a full year on the last year of his enlistment.

4.  The applicant’s military records show that he was discharged from the ARNG effective 23 December 1987 for expiration of term of service (ETS).  A retirement points history statement dated 21 November 1998 shows that he has been credited with 19 years, 11 months and 20 days creditable service for retirement pay purposes.  It also shows 11 months and 20 days creditable service for the period 21 July 1972 to 10 July 1973.  There is no documentation in the available record that he was ever issued a notification of eligibility for retired pay at age 60.

5.  Army Regulation 135-180 provides the policy of qualifying nonregular service for retired pay.  It states that to be eligible for retired pay at age 60 an individual must have completed a minimum of 20 years of qualifying service and the last 8 years must have been served in a Reserve component.  After attaining credit for 20 years of qualifying service a member of the Reserve Components is issued a notification of eligibility for retired pay at age 60, commonly known as a 20-year letter.  Notification for participation in the survivor benefit plan and election of options is also contained in the 20-year letter.

6.  In a 28 January 1999 memorandum to this Board, (copy provided to the applicant) the National Guard Bureau (NGB) recommended that the applicant be credited with 20 qualifying years of service for retired pay.  The NGB also stated in a follow-on telephone conversation that they will arrange for the appropriate State to issue the necessary orders and also issue the 20-year letter.

CONCLUSIONS:

1.  The applicant did not meet all requirements for eligibility for retired pay at age 60 effective 23 December 1987.  However an error occurred when he was not notified that he required one additional retirement year creditable for pay at age 60 and he was discharged by the ARNG.

2.  The NGB recommends that the applicant be transferred to the Retired Reserve effective 23 December 1987 in lieu of discharge and has agreed to amend/revoke the necessary orders and issue the 20-year letter.

3.  As an exception to policy, the Board believes that it would be in the interest of justice to amend the applicant’s retirement points to show the period 21 July 1972 to 10 July 1973 to reflect a through date of 20 July 1973 with 1 year of qualifying service for retirement pay.

4.  In further support of this request the NGB should arrange for the applicant to be issued a new or amended separation document to show that he was transferred to the Retired Reserve in lieu of discharge effective 23 December 1987.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

a.  by amending or revoking the separation of the individual concerned to show that he was transferred to the Retired Reserve effective 23 December 1987;

	b.  by issuing him a 20-year letter to show that he is eligible for retired pay at age 60 and;

c.  by affording him the opportunity to enroll in the survivor benefit plan.

BOARD VOTE:  

__RVO___  __KAN__  __TBR__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999020823	
SUFFIX		
RECON		
DATE BOARDED	19990603	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	136.03	
2.	136.04	
3.		
4.		
5.		
6.