PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  19 December 2000
	DOCKET NUMBER:  AR2000042977

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. James P. Huber		Chairperson	
	Mr. Kenneth L. Wright		Member	
	Mr. Raymond J. Wagner		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 records be corrected to show he was issued a 20 year letter for retirement. 

3.  The applicant states, in effect, that he should have been credited with at least 50 retirement points for the Retirement Year Ending (RYE) 25 February 1957.  Record keeping in the Alaska Army National Guard (AKARNG) while Alaska was still a territory was not fully understood and many mistakes were made.  He indicates he was advised that his final 1 year extension of service would qualify him for retirement.  Further, he indicates that at the time of his enlistment he was an 18 year old American Indian (Eskimo) with a third grade education and spoke very little English.  Currently, he only speaks his native language and has prepared this request with the help of his children.

4.  The applicant’s military records show that he born on 25 November 1933 and enlisted in the AKARNG on 26 February 1952.  He completed his required training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  He was honorably separated on 25 February 1967.  He had completed 12 years toward retirement.  During the RYE 25 February 1952, 1954 and 1957, he attained 42, 26 and 45 points, respectively.  He earned 69 points for RYE 1956.

5.  During the period 26 March 1967 to 12 March 1970, he had no military affiliation.

6.  During the period 13 March 1970 to 12 March 1977, he served in the AKARNG and attained 7 years of qualifying service towards retirement.

7.  On 1 April 1977, Orders 49-2, State of Alaska, Department of Military Affairs, Office of the Adjutant General, announced the applicant’s honorable discharge, effective 12 March 1977.  Under additional instructions, it was noted “Individual is qualified for AK NG retirement pay.”

8.  At the time of his discharge, the applicant had 19 years of qualifying service for retired pay.

9.  Army Regulation 135-180 (Qualifying Service for Retired Pay Nonregular Service) requires notification of eligibility for retired pay at age 60 upon completion of 20 years of qualifying service.

CONCLUSIONS:

1.  It appears that during the period Alaska was still a territory, documentation in the AKARNG was not fully understood and there was confusion and error in the applicant’s record of retirement credit.  He relied on his superiors, to his detriment, to properly maintain records on his behalf.  He was advised he was qualified for retirement pay, but he was only credited with 19 years of qualifying service.

2.  The applicant was advised and it was documented in official orders that he was retirement eligible at the time of his final discharge.

3.  The applicant was not issued a letter of notification of eligibility for retired pay at age 60, since he had only 19 years of qualifying service for retirement.

4.  The applicant was never advised he was qualified for retired pay.  Based on the detrimental reliance in this case, the applicant’s records should be corrected to show five retirement points were transferred from his RYE 1956, a year in which he earned 69 points, to RYE 1957, to show this a qualifying year and a total of 20 years of qualifying service.

5.  He should then be issued a 20 year notification letter and entitled to retirement pay effective 25 November 1993, his 60th birthday, with placement on the Retired List.

6.  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 by correcting the records of the individual concerned:

	a.  by transferring five retirement points from RYE 1956 of the individual concerned to RYE 1957, for a total of 64 retirement points for RYE 1956 and    50 retirement points for RYE 1957;

	b.  by issuing him a letter of notification of eligibility for retired pay at age 60;

	c.  by showing he was placed on the Retired List effective 25 November 1993, the date he reached age 60; and

	d.  that upon his application for retired pay, by showing he is entitled to Reserve retired pay and benefits effective 25 November 1993.

BOARD VOTE:  

__jk___  __kw___  __rw______ GRANT AS STATED IN RECOMMENDATION

________  ________  ________ GRANT FORMAL HEARING

________  ________  ________ DENY APPLICATION

		__James P. Huber_
		        CHAIRPERSON

INDEX

CASE ID	AR2000042977	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001219	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.113	NG 20 Yr Ret	
2.		
3.		
4.		
5.		
6.