PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  6 September 2001
	DOCKET NUMBER:  AR2001055790

	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. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Melvin H. Meyer		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 granted 20 years qualifying service for retirement at age 60.

3.  The applicant states, in effect, that he thought he had 20 years qualifying service for retirement at age 60 after having requested a letter of eligibility for retirement and receiving a 5AA Form 333 (AG), (Eligibility for Retired Pay Worksheet), dated 27 June 1981, which verified that he had 20 good years of service in the military which established his eligibility for retired pay at age 60.  When he applied for retired pay on 3 March 1999, it came to his attention that not only is the time added incorrectly, but the wrong social security number is listed.  He provides a copy of the 5AA Form 333, a copy of a Chronological Statement of Retirement Points, dated 5 February 1984, showing that he has 19 years, 
4 months, and 23 days qualifying for retirement at age 60, and three DD Forms 214 (Report of Transfer or Discharge) for three periods of active duty from 30 June 1960 through 22 November 1968.

4.  The applicant’s military records show that he served as an enlisted soldier on active duty for three periods as shown below with periods in the United States Army Reserve (USAR) in between.  He had a break in service and then reenlisted in the USAR on 21 November 1970.  On 11 July 1980, he was discharged as a First Sergeant, pay grade E-8, so that he could accept an appointment as a warrant officer.  On 12 July 1980, he accepted an appointment as a Reserve warrant officer.  The applicant was transferred at his own request to the USAR Individual Ready Reserve (IRR), effective 20 October 1981.  He was voluntarily transferred to the Retired Reserve on 11 November 1988.  His 60th birthday was 11 December 1999.

Beginning Date	End Date	Military Personnel Class	Component	
30 Jun 1960	16 Jun 1962	Enlisted	AUS	
17 Jun 1962	14 Aug 1962	Enlisted	USAR	
15 Aug 1962	28 Jul 1965	Enlisted	RA	
29 Jul 1965	27 Dec 1965	Enlisted	USAR	
28 Dec 1965	22 Nov 1968	Enlisted	RA	
23 Nov 1968	20 Nov 1970	None	Break in Service	
21 Nov 1970	11 Jul 1980	Enlisted	USAR TPU	
12 Jul 1980	19 Oct 1981	Warrant Officer	USAR TPU	
20 Oct 1981	10 Nov 1988	Warrant Officer	USAR IRR	
11 Nov 1988	Present	Warrant Officer	USAR Retired	

5.  The 5AA Form 333 (AG), (Eligibility for Retired Pay Worksheet), dated 
27 June 1981, supplied by the applicant, is not in his military record.  The worksheet is not completely filled out, not correctly computed, nor is it authenticated.  The box for the total years of qualifying service shows the 
number 20.

6.  The applicant’s current automated retirement point account shows that he has 19 years, 4 months, and 24 days qualifying for retirement at age 60.  The account also shows that he has not been issued a 20 year letter validating that he is eligible for retirement pay.

CONCLUSIONS:

1.  The applicant served long and faithfully for what he thought was 20 years service qualifying him for retirement at age 60.  In 1981, he transferred out of his troop program unit to the USAR IRR with the understanding, in good faith, that he had completed 20 years service.  However, records show that he only had 
19 years, 4 months, and 24 days qualifying for retired pay at age 60.  As a matter of compassion, in recognition of his long and faithful service, and as an exception to policy and regulation, he should be issued an amended retirement point statement showing 20 years qualifying for retirement by redistributing his USAR retirement points from earlier years to make the period 21 November 1981 through 20 November 1982 a good year qualifying for retirement.  He should also be counseled on making Survivor Benefit Program (SBP) elections and given the opportunity to apply for retired pay.

2.  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 for the individual concerned, as an exception to policy and regulation, by:

	a.  redistributing his USAR retirement points from earlier years to make the period 21 November 1981 through 20 November 1982 a good year qualifying for retirement giving him 20 years qualifying for retirement;

	b.  issuing him an amended retirement point statement showing the above change;

	c.  providing him counseling on the SBP and giving him the opportunity to make SBP elections; and

	d.  upon his subsequent application, initiating retirement pay effective January 2000.

BOARD VOTE:  

__ls____  __jm___  __mm____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Luther L. Santiful____
		        CHAIRPERSON

INDEX

CASE ID	AR2001055790	
SUFFIX		
RECON		
DATE BOARDED	20010906	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	135 – Reserve Service Credit	
2.		
3.		
4.		
5.		
6.