PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           11 January 2001                   
	DOCKET NUMBER:   AR2000043346

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Ms. Ann M. Campbell		Member	
	Mr. Donald P. Hupman, Jr.		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 her retirement points be adjusted so she may be authorized retired pay at age 60.

3.  The applicant makes no additional statement.

4.  The applicant’s military records show that she was born on 1 July 1945.  She enlisted in the Army National Guard on 8 August 1977 and transferred to the     U. S. Army Reserve on 22 January 1981.  She earned a minimum of 50 retirement points a year until retirement year ending (RYE) 7 August 1997, when she earned only 49 points.  This left her with 19 years of qualifying service at the time she was discharged on 3 October 1997 upon her expiration term of service. 

5.  Army Regulation 135-180 implements statutory authorities governing the granting of “retired pay” to soldiers and former Reserve components soldiers.

6.  Sections 12731 through 12738 of Title 10, U.S. Code, 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.  The term “good years” is an unofficial term used to mean years in which 50 or more retirement points are earned during each year and which count as qualifying years of service for retirement benefits at age 60.

7.  Section 1176(b)(2) of Title 10, U. S. Code states that, if on the date prescribed for the involuntary separation (other than for physical disability or for cause) or whose term of enlistment expires and who is denied reenlistment (other than for physical disability or for cause) from an active status of a reserve enlisted member officer he is entitled to be credited with at least 19, but less than 20, years of service, he may not be discharged, denied reenlistment or transferred from an active status without his consent before the earlier of the date on which he is entitled to be credited with 20 years of qualifying service or the second anniversary of the date on which he would otherwise be discharged or transferred from an active status.

8.  In the processing of this case an advisory opinion was obtained from the Army Reserve Personnel Command (AR-PERSCOM).  AR-PERSCOM recommended that the applicant be awarded an additional point for RYE 7 August 1997, giving her the 50 points required for a qualifying year and making her eligible for retired pay at age 60.  AR-PERSCOM felt her unit was remiss in not ensuring that her qualifying service was accurately computed, not giving her a final review prior to her discharge, and not informing her of her options if she did not meet the requirements for retired pay benefits.

9.  A copy of the advisory opinion was provided to the applicant.  She concurred with the opinion.

CONCLUSIONS:

1.  The Board agrees with the advisory opinion that it would be in the interest of justice to correct the applicant’s retirement points earned for RYE 7 August 1997 to show she earned 50 points, thereby making her eligible to receive retired pay at age 60.

2.  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 be corrected by:
     a.  adjusting the applicant’s RYE 7 August 1996, inactive duty points to show she earned 47 inactive duty points and a total of 77 points and adjusting her RYE 7 August 1997, inactive duty points to show she earned 21 inactive duty points and a total of 50 points to provide her with a qualifying year of service for RYE    7 August 1997; and
     b.  issuing her a certificate of eligibility to show that she is entitled to Reserve retired pay at age 60.

2.  The Army has an established program to counsel retiring soldiers on the rights, benefits, and privileges afforded as a result of military retirement.  Retirement Services Officers (RSO) are available at most major Army installations to provide a retirement briefing, which includes information on the Survivor Benefit Plan (SBP).  The applicant is advised to contact her nearest RSO (list enclosed ) as soon as possible to facilitate a smooth transition to retired status.

BOARD VOTE:  

__emw___  __amc___  __dph__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Ernest M. Willcher
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000043346	
SUFFIX		
RECON		
DATE BOARDED	20010111	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	135.02	
2.		
3.		
4.		
5.		
6.