PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  28 September 2000
	DOCKET NUMBER:  AR2000043035

	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. Raymond V. O’Connor		Chairperson	
	Mr. Donald P. Hupman		Member	
	Mr. Ernest M. Willcher		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 he be credited with eight qualifying years of service for his last 8 years of military service.

3.  The applicant states that he did not know that his last 8 years of Reserve Component service were not qualifying for retired pay purposes.  He submits a copy of his microfiche records in support of his application.

4.  The applicant’s official military records could not be located at the National Archives and Records Administration.  This case was reviewed with partial records obtained from alternate sources.

5.  He enlisted in the Army National Guard (ARNG) on 23 November 1959.  A DA Form 71 (Oath of Office) shows that he was commissioned a second lieutenant in the ARNG on 3 January 1963.  On 1 December 1964 he entered on extended active duty with the Army.  On 24 February 1967 he accepted a Regular Army appointment in the rank of captain.

6.  Effective 2 January 1979 the applicant was separated by reason of twice failing selection for permanent promotion.  Effective 3 January 1979 he was appointed a USAR captain in the Ready Reserve.  He was promoted to USAR major effective 6 August 1978.  Although his Mandatory Removal Date (MRD) was 2 January 1991, he was voluntarily transferred to the Retired Reserve effective 2 February 1987.

7.  A 1 December 1998 DA Form 249-2 (Chronological Statement of Retirement Points) shows that the applicant was credited with 23 years of qualifying service for retirement at age 60.  The form also shows that only six of the applicant’s 8 years of Reserve Component service, since he was separated from active duty, were qualifying service for retirement.

8.  Also noted on the retirement points summary is that his ending retirement years of 1984 and 1986 were participating years but not qualifying years for retirement.  Additionally, he had a total of 39 points during his last 6 qualifying years of service that are in excess of that required for a qualifying year during those 6 years.

9.  The applicant was informed on 5 April 1999 that his request for retired pay at age 60 had been denied.  The Army Reserve Personnel Command 
(AR-PERSCOM) notified him that he lacked the required last 8 years of qualifying service in a Reserve Component.

10.  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.  The regulation also requires that the member have served the last 8 years of qualifying service in the Reserve Components.

CONCLUSIONS:

1.  Notwithstanding that the applicant failed to satisfactorily complete the last 8 years of qualifying service in a Reserve Component, he did have a total of 9 years of qualifying service in the Reserve Components and should not now be denied retired pay at age 60 for his 23 years of total qualifying service.

2.  The applicant could have continued to participate in the Ready Reserve for an additional 4 years prior to his mandatory removal.  However, it does not appear that he was informed about the qualifying periods of service for retired pay.  It is reasonable to assume that he would have continued to serve until reaching retirement eligibility.

3.  The applicant has sufficient excess retirement points that can be redistributed to his unqualifying years of 1984 and 1986.  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:

1.  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 qualifying years to his retirement years ending in 1984 and 1986; and

	b.  paying him retired pay effective the date of his 60th birthday.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__ro____  __dh____  __ew____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		     Raymond V. O’Connor         
		        CHAIRPERSON

INDEX

CASE ID	AR2000043035	
SUFFIX		
RECON		
DATE BOARDED	20000928	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  136.03	Retire Reserve	
2.		
3.		
4.		
5.		
6.