PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  5 March 2002
	DOCKET NUMBER:  AR2001064834

	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. Fred N. Eichorn		Chairperson	
	Mr. Donald P. Hupman		Member	
	Mr. Thomas B. Redfern		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, non-regular retired pay benefits at age 60.

3.  The applicant states, in effect, that he has 23 years qualifying for retired pay at age 60.  From the time that he entered the U. S. Army Reserve (USAR) from the Regular Army, through his transfer to the Retired Reserve, he was only aware of the requirement to obtain 20 or more years of qualifying service in order to receive retirement benefits as it stated in paragraph 2 on the reverse side of the USAR DARP Form 249 (Chronological Statement of Retirement Points) and paragraph 3 of the USAR DARP Form 788 (Memorandum for notification of Attainment of Maximum Service).  He was never informed of a requirement for the last 8 qualifying years having to be in the USAR.  For the 12 years he was in the USAR Individual Ready Reserve (IRR), the last 10 years of which as a Individual Mobilization Augmentee (IMA) assigned as the Mobilization Plans Officer at Fort Ord, California, he averaged more than 52 points per year.

4.  The applicant’s military records show that he was commissioned from the Reserve Officer Training Corps as a second lieutenant in the USAR on 8 June 1962, and then in the Regular Army on 17 July 1962.  He served in the Regular Army from 17 July 1962 through 1 March 1978, having been promoted to the rank of major on 20 May 1969.  His initial branch assignment was to the Infantry and then he was assigned to the Armor branch for the remainder of his service.  He completed airborne training, special forces training, officer basic and advanced courses, S1 Adjutant Course, and the Command and General Staff Officer Course.  He served two tours in Vietnam (66-67 and 70-71), one in Germany, and one in Alaska.  He was awarded the Bronze Star Medal with oak leaf cluster, Air Medal, Meritorious Service Medal, Army Commendation Medal, Meritorious Unit Citation, Presidential Unit Citation, Vietnam Cross of Gallantry with Palm Unit Citation, Vietnam Campaign Medal, Vietnam Service Medal with 
4 bronze service stars, Parachutist Badge, Combat Infantryman Badge, Expert Infantryman Badge, and the National Defense Service Medal.

5.  On 1 March 1978, the applicant was honorably discharged from the Regular Army by reason of failure of selection for permanent promotion.  He had 
15 years, 7 months, and 14 days active service.  On 2 March 1978, he was commissioned as a major in the USAR and assigned to the IRR.  On 1 June 1981, he was assigned in a IMA position.  Between 8 June 1978 and 7 June 1983, he attended annual training each year, completed correspondence courses, and participated in individual training assemblies earning between 
41 and 45 retirement points each year but did not earn the 50 retirement points each year necessary for the years to qualify for retirement eligibility.  Between 
8 June 1983 and 7 June 1990, he continued to participate in annual training and 

individual training assemblies, earning 50 to 94 retirement points each year, resulting in 7 continuous years service qualifying for retired pay eligibility.  With his active duty, he had 23 years service qualifying for retired pay at age 60.  
On 1 March 1985, he had been promoted to lieutenant colonel, USAR.  On 
1 October 1990, he was transferred to the Retired Reserve by reason of having completed his maximum authorized years of service.  He was awarded a retirement Meritorious Service Medal by the Chief, Army Reserve, for outstanding meritorious service, distinguished military career, dedicated service, and significant contributions in the USAR for the prior 10 years.  On 26 October 1999, he completed 37 years, 7 months, and 7 days total service longevity for pay purposes.

6.  His 60th birthday being on 15 January 2000, he applied in 1999 to receive retired pay at age 60.  The Transition and Separation Branch, U. S. Army Reserve Personnel Command, responded with a letter dated 26 October 1999, informing the applicant that he did not qualify for retired pay since his last 
8 qualifying years were not in a Reserve Component as required by law.  The letter informed him that his only recourse was to apply to this Board for relief.

CONCLUSIONS:

1.  In view of his long, faithful, and dedicated career of over 37 years continuous service with 23 years service qualifying for retired pay at age 60, as a matter of justice and fairness, 5 retirement points should be redistributed and added to the 45 retirement points in retirement year 8 June 1982 through 7 June 1983, to make that year a good year qualifying for retired pay at age 60.  This will make his last 8 years in the Reserve Component qualifying years for retirement pay eligibility and will qualify him for retired pay at age 60.

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 by:

a.  redistributing 5 retirement points and adding them to the 45 points in retirement year 8 June 1982 through 7 June 1983, to make that year a good year qualifying for retirement, making his last 8 years in the Reserve Component qualifying for retirement, and qualifying him for retired pay at age 60;

b.  providing him retired pay effective the approval date of this Board; and

c.  providing him counseling and opportunity to make an appropriate election concerning the Survivor Benefit Program (SBP).

BOARD VOTE:  

__fe___  ___dh__  ___tr___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Fred N. Eichorn___
		        CHAIRPERSON

INDEX

CASE ID	AR2001064834	
SUFFIX		
RECON		
DATE BOARDED	20020305	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	136 - Retirement	
2.		
3.		
4.		
5.		
6.