IN THE CASE OF: BOARD DATE: 24 January 2017 DOCKET NUMBER: AR20150015238 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ ____x___ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 24 January 2017 DOCKET NUMBER: AR20150015238 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _____________x____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. IN THE CASE OF: BOARD DATE: 24 January 2017 DOCKET NUMBER: AR20150015238 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, correction of his records to show he completed 20 years of qualifying service for retired pay. 2. The applicant states that he completed more than 20 years of combined active duty and reserve service in the U.S. Army and he earned more than the required number of points to qualify for retired pay. a. He states that he was an outstanding Soldier and willing to go anywhere to defend the country. He anticipated being mobilized during the Gulf War in Southeast (sic) Asia, but he was not called to active duty. He adds that he is no longer able to fulfill the mission of a Soldier. b. He was transferred to the U.S. Army Reserve (USAR) Control Group (Retired Reserve) after being notified by the Reserve Selection Board of being nonselected for promotion to grade O-5. The retirement certificate he was issued was to serve as a "Twenty Year Letter" because he had more than 20 years of service. He was also issued a U.S. Army Retired Reserve identification card. c. His application for retired pay at age 60 was denied by the U.S. Army Human Resources Command (HRC). He states that he was never contacted or informed about the qualifying retirement-year point requirement until after he applied for retired pay. He is in need of financial support and Army retired pay is being denied. 3. The applicant provides copies of a DD Form 108 (Application for Retired Pay Benefits) with enclosures and an HRC letter, dated 4 August 2015. CONSIDERATION OF EVIDENCE: 1. The applicant was born in July 1955. 2. A DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows the applicant enlisted in the USAR Control Group (Reserve Officers' Training Corps) on 2 September 1975 for a period of 6 years. 3. A DA Form 71 (Oath of Office – Military Personnel) shows he was appointed as a Reserve commissioned officer of the Army, in the rank of second lieutenant, on 22 April 1977. 4. A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant entered active duty on 15 May 1977, was honorably released from active duty on 1 March 1986, and transferred to the USAR Control Group (Reinforcement). He had completed 8 years, 9 months, and 17 days of net active service during this period and he was credited with 23 days of total inactive service. 5. He was promoted to major/pay grade O-4 on 21 April 1989. 6. USAR Personnel Center, St. Louis, MO, Orders C-09-740180, dated 30 September 1997, released the applicant from the USAR Control Group (Reinforcement), effective 1 October 1997, based on promotion nonselection and transferred him to the USAR Control Group (Retired Reserve) under the authority of Army Regulation 140-10 (Assignments, Attachments, Details, and Transfers), paragraph 6-2. 7. A DA Form 5016 (Chronological Statement of Retirement Points), dated 20 June 2016, shows (as of 2 October 1997) the applicant had 3,110 total points creditable and he had completed 8 years, 0 months, and 0 days of qualifying service for retired pay at age 60. It also shows he earned a total of 2,921 active duty points, zero (0) inactive duty points, zero (0) extension course points, and 307 membership points (i.e., 15 points per retirement year for 20 years (beginning 22 April 1977 and ending 21 April 1997 and 7 points for his final retirement year beginning 22 April 1997 and ending 1 October 1997). 8. A review of the applicant's military service records failed to reveal evidence that he was issued a "Twenty Year Letter." 9. In support of his request the applicant provides, in pertinent part, the following documents. a. A DD Form 108, dated 9 April 2015, with enclosures. The DD Form 108 shows he claimed creditable service in the USAR from 22 April 1977 to 2 October 1997 with active duty service from 15 May 1977 to 1 March 1986. (1) A DA Form 977(B) (U.S. Army Retired Reserve Certificate) that shows the applicant was transferred to the Retired Reserve, effective 1 October 1997, in recognition of honorable service and continued interest in the defense of our Nation. (2) United States Uniformed Services, U.S. Army Retired Reserve Identification Card, issued to the applicant for an indefinite period (retired grade Major/O-4). (3) An ARPC Form 249-E (Chronological Statement of Retirement Points), dated 16 December 2013, that shows the same essential information as summarized in paragraph 7 (above). (4) A self-authored letter to HRC, dated 2 June 2015, that shows the applicant forwarded his application for retired pay and requested a "Twenty Year Letter." It also shows he explained, "[t]he 'good years' requirement is not valid [in his case] because [he] was retired by the O-5 promotion board after twenty years in the Army Reserve." (a) He stated that he left active duty with almost nine years of service and reported to his Reserve unit. The commander told him there was not a positon in the unit for him and he waited for the commander to contact him. He also stated that he notified the Army Reserve each year that he was available for service and assignment; however, he did not receive any further requirement from the USAR. He adds that he enrolled in correspondence courses, but lost track of his course completion records. (b) He stated he was issued an identification card with all the privileges of a retiree (e.g., post exchange, commissary, etc.). The ARPC Form 249-E shows he is retired and there is no distinction [on the form] between a retiree who is collecting retired pay and one who is not collecting retired pay. b. U.S. Army HRC, Fort Knox, KY, letter, dated 4 August 2015, that shows the Chief, Reserve Component Retirements Branch, responded to the applicant's application for retired pay. He stated that to be eligible for retired pay at age 60 under Title 10, United States Code, section 12731-12737, a Reserve Soldier or former Reserve Soldier must have completed a minimum of 20 qualifying years of service, the last 8 years of which must have been in a Reserve Component. Service in an inactive reserve section, such as the Retired Reserve, is not creditable for retirement purposes. Since 1 July 1949, a Reserve Soldier must have earned at least 50 retirement points per year for that service to be creditable for retirement. (1) An audit of the applicant's military records revealed he had completed 8 years, 0 months, and 0 days of qualifying service for retirement. Accordingly, he was ineligible to receive retired pay. (2) He was informed that his service does not fulfill the requirements for entitlement to retirement and his application for retired pay was denied. REFERENCES: 1. Army Regulation 140-10, in effect at the time, prescribes policy and procedures for assigning, attaching, removing, and transferring USAR Soldiers. Chapter 6 (Transfer to and from the Retired Reserve), in pertinent part, shows in: a. paragraph 6-1 (Eligibility), assignment to the Retired Reserve is authorized if a Soldier has – * completed a total of 20 years of active or inactive service in the Armed Forces * reached the age of 37, completed a minimum of 8 years of qualifying Federal service b. paragraph 6-2 (Orders and certificates), orders transferring Soldiers to the Retired Reserve will cite this paragraph and state the reason for transfer. When retirement and mandatory removal are concurrent, the order will also show the reason for mandatory removal. 2. Army Regulation 140-185 (Training and Retirement Points Credit and Unit Level Strength) prescribes the types of training and activities for which retirement points are authorized and the procedures for recording retirement point credits and training for USAR Soldiers (Ready Reserve and Active Standby Reserve). Chapter 3 (Records) provides that an annual statement of retirement points will be prepared for all Soldiers regardless of the number of points awarded. The purpose of the statement is to give a permanent record of the total retirement points a Soldier earns during a retirement year; to tell the Soldier whether he/she earned sufficient points to be credited with a qualifying period for retired pay or for retention in an active status; and to give the Soldier an opportunity to request correction of errors in the statement. The maximum membership points per year is 15 points in an active status. The maximum inactive duty training and membership points is 60 points per year. However, the annual statement will report all points earned. 3. Army Regulation 135-180 (Qualifying Service for Retired Pay Nonregular Service) implements statutory authorities governing the granting of retired pay to Soldiers and former Reserve Component Soldiers. Chapter 2 provides in: a. paragraph 2-1, that to be eligible for retired pay, an individual need not have a military status at the time of application, but must have attained age 60, completed a minimum of 20 years of qualifying service, and served the last 8 years of his/her qualifying service as a Reserve Component Soldier; and b. paragraph 2-8b, that after 30 June 1949, a Reservist must earn a minimum of 50 retirement points each retirement year to have that year credited as qualifying service. DISCUSSION: 1. The applicant's contention that his records should be corrected to show he completed 20 years of qualifying service for retired pay was carefully considered. 2. Records show the applicant: * was appointed as a Reserve commissioned officer on 22 April 1977 * served on active duty from 15 May 1977 through 1 March 1986 * transferred to the USAR Control Group (Reinforcement) on 2 March 1986 * served in an inactive status in the USAR through 1 October 1997 * transferred to the USAR Control Group (Retired Reserve) on 2 October 1997 a. The applicant confirmed the above service dates when he submitted his application for retired pay that included a copy of his Chronological Statement of Retirement Points, dated 16 December 2013, showing (as of 2 October 1997) he had 3,110 total points creditable and he had completed 8 years, 0 months, and 0 days of qualifying service for retired pay at age 60. b. The evidence of record fails to show that he earned at least 50 retirement points per year (during the period of his service subsequent to 1 March 1986) for any of the creditable service earned during those years to qualify for retired pay. c. There is no evidence that he was issued a "Twenty Year Letter." d. The evidence of record fails to show he completed a minimum of 20 years of qualifying service or that he served the last 8 years of qualifying service as a Reserve Component Soldier. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015238 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015238 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2