PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  22 August 2000
	DOCKET NUMBER:  AR2000036535

	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. Carl W. S. Chun		Director	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Edward Williamson		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Kenneth W. Lapin		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, in effect, that his status in the Retired Reserve also show that he is entitled to retired pay at age 60.

3.  The applicant states that he received a letter from his state national guard office that said he was entitled to retired pay at age 60.  When he applied for retired pay he was told he only had 18 years of service.

4.  The applicant’s military records show that he enlisted in the Tennessee Army National Guard (TNARNG) on 18 October 1954.  He was discharged from the TNARNG on 30 November 1958 for enlistment in the Missouri ARNG.  On 6 July 1959 he was released to the Army Reserve (USAR) and on 15 October 1961 he enlisted again in the TNARNG.

5.  The applicant remained a member of the TNARNG and effective 10 February 1970 he was promoted to pay grade E-6.  Effective 1 August 1976 he was voluntarily discharged from the TNARNG and transferred to the Retired Reserve. His separation document (NGB 22) states that his letter of eligibility for retired pay at age 60 was applied for.

6.  A 7 November 1977 memorandum from the Military Department of Tennessee informed the applicant that he was eligible for retired pay at age 60.  He was also informed what documents to request from the state when he was ready to make application for retired pay at age 59 years and 8 months.

7.  The applicant reached age 60 on 17 March 1997.  A 1 August 1997 memorandum from the National Guard Bureau (NGB) to the TNARNG recognized that the applicant had been notified in error by the state that he was eligible for retired pay at age 60.  The NGB recommended that the applicant be reenlisted in the TNARNG and then separated again and transferred to the Retired Reserve under the Temporary Early Retirement Authority (TERA).  He should also be issued a new notification of eligibility for retired pay at age 60 with more than 15 years service.

8.  The TNARNG followed the recommendation and on 12 August 1997 the applicant was reenlisted in the TNARNG for a period of 1 year.  Effective 31 August 1997 he was discharged from the TNARNG and transferred to the Retired Reserve.  His retirement order states that he is entitled to retired pay in accordance with Title 44, Public Law 102-484.

9.  On 1 September 1997 the TNARNG issued the applicant a notification of eligibility for retired pay at age 60 with 15 years of service.  The notification also states that to be eligible he must have been a member of a Selected Reserve unit that is scheduled for inactivation.  Documentation to support that qualification is not in the available record.

10.  On 17 June 1998 the applicant was informed by the Transition and Separations Branch, Army Reserve Personnel Command (AR-PERSCOM) that he was not eligible for retired pay at age 60.  On 20 January 2000 the TNARNG forwarded the applicant's request for correction of his records.  They note that it was their error that led to the applicant’s early retirement and request all possible consideration on behalf of the applicant.

11.  An ARNG Retirement Points History Statement shows that from 18 October 1954 to 1 August 1976 the applicant had accumulated 18 years, 9 months, and 14 days service creditable for retirement pay and 21 years, 9 months, and 14 days for longevity service.

12.  Also noted on the retirement points summary is that his ending retirement years of 1959 and 1960 were participating years but not qualifying years for retirement.  Also noted is that he had a total of 100 points during his first 4 years of service that are in excess of that required for a qualifying year during those 4 years.

13.  Army Regulation 135-180 provides the policy for the granting of retired pay to soldiers and former Reserve Component soldiers.  It states, in pertinent part, that pay is granted after completion of 20 or more years of qualifying service and upon attainment of age 60.  It states that each qualified individual is responsible for submitting an application for retired pay (DD Form 108) 6 months prior to age 60.

14.  Army Regulation 140-10 prescribes the policy and procedures for transfer to the Retired Reserve.  It provides for transfer to the Retired Reserve for soldiers who have completed a minimum of 8 qualifying years for retired pay at age 60 and are a minimum of 37 years of age.

CONCLUSIONS:

1.  The applicant was issued a memorandum from the Military Department of Tennessee that informed the applicant that he was eligible for retired pay at age 60.  It is reasonable to assume that the applicant believed he had completed the required service for retirement eligibility.

2.   The TNARNG and the NGB have tried to take corrective action to overcome the previous errors but none of these have overcome the injustice now being experienced by the applicant that this Board is empowered to correct.

3.  The applicant has sufficient excess retirement points that can be redistributed to his unqualifying years of 1959 and 1960.  This redistribution would not involve awarding additional retirement points, entitlement to additional drill pay, or adding an additional period of service.
4.  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 for the individual concerned be corrected by:

	a.  redistributing the necessary excess retirement points from prior years to his retirement years ending for 1959 and 1960, to make them qualifying years for retirement.

b.  issuing the necessary documentation to show that he is qualified for retired pay at age 60; and

c.  authorizing and paying him the appropriate retired pay from his age 60.

BOARD VOTE:  

__ew___  __mt___  __kl___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Edward Williamson__
		        CHAIRPERSON

INDEX

CASE ID	AR2000036535	
SUFFIX		
RECON		
DATE BOARDED	20000822	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	136.04	
2.		
3.		
4.		
5.		
6.