PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           11 January 2001                   
	DOCKET NUMBER:   AR2000048579

	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 that he be awarded retired pay and benefits.

3.  The applicant states that he was allowed to extend to age 64 awaiting verification of his retirement qualification.  Verification from his service of 40 years ago was never received and he was denied retired pay and privileges.

4.  The applicant’s military records are not available.  The information contained herein was obtained from alternate sources.

5.  The applicant was born on 28 November 1930.  He entered the Army National Guard in 1949.  Around April 1990, he was extended past age 60 to attain          20 years of creditable service for retirement purposes.  He was discharged from the Army National Guard of Vermont and as a Reserve of the Army on              28 November 1994 on Orders 034-3, State of Vermont dated 21 February 1995.

6.  The applicant’s Army National Guard Current Annual Statement dated          12 November 1999 shows that he had 16 years and 11 months of qualifying service as of 28 November 1994.  It shows that he had earned no retirement points for retirement year ending (RYE) dates 2 October 1956, 2 October 1957, and 18 June 1958 and 4 retirement points for RYE 2 October 1958.  A memorandum dated 24 March 1995 signed by the Chief, Retired Activities Division, the U. S. Army Reserve Personnel Center (ARPERCEN) shows that he earned 83 retirement points for RYE 2 October 1956; 61 points for RYE              2 October 1957; and 36 points for RYE 2 October 1958.  The most generous calculation credits him with about 18 qualifying years of service.

7.  In the processing of this case, an advisory opinion was obtained from the National Guard Bureau (NGB).  NGB noted that through no fault of the applicant, administrative errors may have denied him eligibility for retired pay and benefits.
While he did not complete 20 years of qualifying service, he did complete more than 16 years of documented qualifying service toward retired pay at age 60.  Since he was separated during the Selected Reserve Transition Assistance Program period, it would be appropriate to provide him the 15-year temporary early retirement authority.

8.  A copy of the advisory opinion was provided to the applicant.  He concurred in the recommendation of the advisory opinion.

9.  Title 10, U.S. Code, section 12731a is the temporary special retirement qualification authority.  It provides that, during the period 1 October 1991 through 30 September 2001, a member of the Selected Reserve who has completed at least 15, and less than 20, years of qualifying service may, upon the request of the member, be transferred to the Retired Reserve.  The National Defense Authorization Act for fiscal year 1999 extended the drawdown transition period to 30 September 2001.
CONCLUSIONS:

1.  When the applicant turned age 60, it appeared that an administrative error in crediting him with retirement points from his 1955 – 1959 RYEs were the primary obstacle in qualifying him for retired pay.  He was allowed to extend past age 60 to attain his 20 qualifying years or to verify his retirement eligibility.

2.  When the applicant was finally separated in November 1994, he was credited with over 16 years based upon an Army National Guard Current Annual Statement dated 12 November 1999 and about an additional 2 years if the retirement points shown on a memorandum dated 24 March 1995 from the U. S. Army Reserve Personnel Center Reserve are included.  The Board concludes that since this memorandum is signed by the Chief, Retired Activities Division, ARPERCEN, it would be appropriate to credit the applicant with those noted retirement points.

3.  In either case, the applicant still did not complete 20 qualifying years.  However, the Board notes that the applicant was separated during the temporary early retirement authority at a time he was credited with over 15 years of qualifying service.  The Board agrees with the advisory opinion that the applicant should be transferred to the Retired Reserve with rights and benefits granted to individuals authorized early retirement.  The applicant did concur with the recommendation of the advisory opinion.

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 be corrected by:

     a.  recomputing the applicant’s retirement points and crediting him with the retirement points shown on memorandum dated 24 March 1995 signed by the Chief, Retired Activities Division, ARPERCEN;

     b.  revoking Orders 034-3, State of Vermont dated 21 February 1995 discharging the applicant from the Army National Guard and as a Reserve of the Army;

     c.  assigning the applicant to the Retired Reserve effective 28 November 1994;

     d.  issuing to the applicant a notification of eligibility for retired pay letter; and

     e.  showing that the applicant was eligible for and applied for retired pay effective 28 November 1994 under the temporary early retirement authority.

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 his 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	AR2000048579	
SUFFIX		
RECON		
DATE BOARDED	20010111	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	135.02	
2.	135.03	
3.		
4.		
5.		
6.