IN THE CASE OF: BOARD DATE: 6 December 2021 DOCKET NUMBER: AR20210007710 APPLICANT REQUESTS: issuance of a Notification of Eligibility (NOE) for Retired Pay at Age 60 (20 Year Letter). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant stated she has been trying to receive her 20 year letter for several years leading up to her 60th birthday which was a. She has received many different answers in regards to her request. She has reached out to Defense Finance Accounting Service and the U.S. Army Human Resources Command (HRC) with no luck. She was told by an employee of HRC to reenlist for six months so she could receive her 20 year letter. She was finally assisted by a master sergeant from HRC who told her to send her paperwork to the corrections board to correct the error so she would be able to receive her 20 year letter. By getting her 20 year letter she will be able to start receiving her retirement pay. This process has caused major stress in her life. She has been passed to so many different people and offices with no positive answers. b. She was discharged involuntarily and reassigned to the U.S. Army Reserve- Personnel Command (AR PERSCOM) (Retired), orders number 98-222-01 dated 10 August 1998 due to the reorganization of the 311th Theater Signal Command which she was assigned. Her position was converted from a Troop Program Unit (TPU) Reserve into an Active Guard Reserve (AGR) position; therefore, she was involuntarily discharged. There were no units with her military occupational specialty (MOS) within reasonable commuting distance (50 miles). Her orders from the Department of the Army, Orders Number C-03-007815 stated she had completed 20 or more years of Reserve Duty. She never received a 20 year letter only these orders with an effective date of 12 August 2000. 3. The applicant provided a DD Form 214 showing she was ordered to active duty in support of Operation Desert Shield/Desert Storm on 3 January 1991 and released from active duty to her reserve unit on 26 May 1991. 4. A review of the applicant’s service records shows: a. She was born on b. She enlisted in the United States Army Reserve (USAR) on 6 December 1978. c. She entered a period of active duty on 22 June 1981 and she was released from active duty on 21 June 1987. She completed six years of active service this period. d. She was ordered to active duty in support of Operation Desert Shield/Desert Storm on 3 January 1991 and released from active duty to her reserve unit on 26 May 1991. She completed 4 months and 24 days of active service this period. e. She was ordered to another period of active duty on 2 October 1995. She was released from active duty on 17 February 1996. She completed 4 months and 16 days of active service this period. f. Orders 98-222-01, issued by 311th Theater Signal Command, Fort Meade, MD on 10 August 1998, shows she was reassigned to AR PERSCOM on 17 June 1998. Soldier is eligible for special separation pay based upon years of qualifying service prescribed by Section 1332, 10 U.S. Code. g. Her Chronological Statement of Retirement Points issued on 7 January 2000, shows she had completed 19 years, 6 months and 12 days of qualifying service for retirement. The period of 6 December 1997 and 17 June 1998 shows she attained 50 total points creditable. It also shows her as retired on 18 June 1998. h. Orders C-03-007815, issued by AR PERSCOM, St. Louis, MO, on 16 March 2000, shows she was released from USAR Control Group (Reinforcements) for reason of completion of 20 or more years of reserve duty and assigned to the Retired Reserve effective 12 August 2000. 5. During the processing of this case an advisory opinion was received by Headquarters, USAR Command, and Fort Bragg, NC. It stated: a. According to AR 135-180 (Retirement for Non-Regular Service) paragraph 2-3, Reserve personnel involuntarily relieved from active service who are not eligible for retired pay at time of release, but who are paid readjustment pay are eligible to receive retired pay under this regulation provided they are otherwise qualified at a later date. b. According to AR 135-180 para 2-4, the Notification of Eligibility for Retired Pay at Age 60 (20 Year Letter) will be issued to Soldiers credited with 20 years of qualifying service and should be issued prior to discharge or transfer to the Retired Reserve. After a Soldier has been notified of their eligibility for retired pay for non-regular service, the Soldier’s eligibility for retired pay may not be denied or revoked on the basis of any error, miscalculation, misinformation, or administrative determination of years of service performed, unless it resulted directly from the fraud or misrepresentation of the individual concerned. c. It was recommend issuing the applicant a 20-Year Letter granting eligibility for retired pay based on her unit’s erroneous involuntary transfer to the Retired Reserve, and based upon the spirit of the references above. 6. The applicant was provided a copy of the advisory opinion and given an opportunity to respond in which she responded: She did not disagree with the final findings and the advisory opinion. She stated she has been trying to get her 20 Year Letter for over three and a half years. 7. By regulation, (AR 135-80) all Reserve component Soldiers who complete the required years of service to become eligible for retired pay at age 60 will receive a 20- year letter as their written notification of that eligibility. Normally the letter is issued 90- 120 days after the retirement year ending date. a. To be eligible for retirement pay at age 60, RC members must have completed 20 years or more of qualifying service, and must also meet the criteria listed below for reserve component service. * Before 5 October 1994, the member must have served the last 8 qualifying years as a member of a reserve component * For the period after 4 October 1994 and before 26 April 2005, the member must have served the last 6 qualifying years as a member of a reserve component * After 26 April 2005, the member must have completed 20 qualifying years of service b. The member cannot be entitled, under any other provision of law to retired pay from an armed force. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was warranted. Board members reviewed the applicant's statement, supporting documents and the service record. Board members noted that AR PERSCOM, St. Louis, released her from the USAR Control Group (Reinforcements) for reason of completion of 20 or more years of reserve duty and assigned to the Retired Reserve effective 12 August 2000. In other words, she has completed 20 or more qualifying years of service towards non-regular retirement. Board members further agreed with the advisory official's recommendation to issue the applicant a 20-Year Letter granting eligibility for retired pay based on her unit’s erroneous involuntary transfer to the Retired Reserve. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X: X: X: GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing her a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter), based on 20 years of creditable service. 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. REFERENCES: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 135-180 (Retirement for Non-Regular Service) prescribes policies and procedures governing non-regular retirement. Paragraph 2–4. Notification of Eligibility for Retired Pay at Age 60 (20 Year Letter), under 10 USC 12731a RC Soldiers who complete the eligibility requirements in section I will be notified in writing within 1 year after completion of the required service in accordance with AR 140–185. The Notification of Eligibility for Retired Pay at Age 60 (20 Year Letter) will be issued to Soldiers credited with 20 years of qualifying service and should be issued prior to discharge or transfer to the Retired Reserve. The Notification of Eligibility for Retired Pay at Age 60 (20 Year Letter) will be issued by the U.S. Army Human Resources Command (HRC) for all U.S. Army Reserve Soldiers except for those who are within 2 years of qualifying for an active duty retirement and can remain on active duty to complete the required service. The Notification of Eligibility for Retired Pay at Age 60 (20 Year Letter) will be issued in the format determined by HRC. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210007710 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1