PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:                 30 October 2001                        
	DOCKET NUMBER:        AR2001059666

	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	
	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Harry B. Oberg		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 his records be corrected to show completion of 20 years of qualifying service which would entitle him to certification for and receipt of retired pay at age 60.  

3.  The applicant states that he spent 20 years in the Alaska Army National Guard after serving 2 years in the Alaska Territorial Guard (ATG).  He states that the first two years in the Alaska Army National Guard were non qualifying by a total of 20 points and the time he spent in the ATG was without monetary compensation for attendance and training.  In conclusion, the applicant states that his Report of Separation from the Alaska Army National Guard contains the entry “Recommended for reenlistment.  EM discharged without personal notification” in block 32 (Remarks) of his NGB Form 22 (Report of Separation and Record of Service in the National Guard and as a Reserve).  In support of his application, he submits a letter from the Alaska Army National Guard, a copy of his NGB Form 22, his NGB Form 23 (Retirement Credits Record) and a Certificate of Service from the Alaska Territorial Guard.

4.  Records available to the Board show the applicant enlisted in the Army National Guard on 5 October 1950 and completed infantry training.  He continued to serve in the Army National Guard until his discharge for expiration of his term of service on 4 October 1970.

5.  The Retirement Credits Record submitted by the applicant shows he had two years of service in the Army National Guard in which he did not earn the required 50 retirement points.  Therefore, these years did not qualify as “good years” of service creditable toward eligibility for Reserve retired pay at age 60.

6.  The Retirement Credits Record shows that the applicant received 42 retirement points during the year 5 October 1950 to 4 October 1951.

7.  The Retirement Credits Record shows the applicant received 38 retirement points during the year 5 October 1951 to 4 October 1952.

8.  The applicant provided a copy of a Certificate of Service from the Alaska Territorial Guard which shows he served honorably from 1942 to 1947 which is not indicated on his NGB Form 23.

9.  Sections 12731 through 12739 of Title 10, United States 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.  After 1 July 1949, a qualifying year is one in which a Reserve soldier earned 50 retirement points or more.  This law further requires that the last 8 years of qualifying service must be in a Reserve Component.  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.

CONCLUSIONS:

1.  Evidence of record shows the applicant completed only 18 qualifying years of service for non-regular retirement pay and allowances at age 60.  Therefore, the applicant was not eligible to receive Reserve retired pay upon reaching age 60 on 25 February 1987.

2.  Records show the applicant served 20 years in the Army National Guard and was 20 retirement points short of accruing 20 qualifying years for non-regular retired pay.

3.  Had the applicant been properly advised he was 2 years short of completing 20 years of qualifying service for retirement at age 60, then he would have completed that required service necessary to qualify for non-regular retired pay, allowances and benefits.

4.  The Board finds that it would be an injustice to deny the applicant 20 qualifying years of service for retirement in view of the quality of his overall service.  Therefore, it would now be appropriate in the interest of justice to correct the applicant’s records to show that he completed 20 qualifying years of service and was entitled to retired pay processing effective on his 60th birthday.

5.  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:

a.  by redistributing the excess retirement points of the individual concerned to provide him with qualifying years of service for the retirement year 5 October 1950 through 4 October 1951 and the retirement year 5 October 1951 through 4 October 1952;

b.  by issuing him a certification of eligibility to show that he is entitled to retired benefits at age 60; and

2.  That, after the corrections in paragraphs 1a and b, above, have been made, the Defense Finance and Accounting Service establish a retired pay account for the individual concerned and pay any retired pay and allowances due to him, effective from the date of his 60th birthday.

BOARD VOTE:  

CLA_____  AAO___  HBO___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Celia L. Adolphi_____
		        CHAIRPERSON

INDEX

CASE ID	AR2001059666	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011030	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	135.0200	
2.		
3.		
4.		
5.		
6.