IN THE CASE OF: BOARD DATE: 18 February 2022 DOCKET NUMBER: AR20210010442 APPLICANT REQUESTS: credit of 56 days of qualifying service towards his non- regular retirement years. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Forms 149 (Application for Correction of Military Record), 12 September 2020 and 8 February 2021 * Self-authored statement, 8 February 2021 * Social Security Card and Identification Card * DD Form 214 (Report of Separation from Active Duty), 23 February 1976 * NGB Form 55 (Honorable Discharge Certificate Army National Guard (ARNG)), 31 December 1993 * NGB Form 22 (Report of Separation and Record of Service), 31 December 1993 * (City) High School transcript, 9 November 1999 * Email, NCARNG, 22 January 2020 * NC State Form 290, Income Tax Withholding, 27 January 2020 * NC Form 170, Authorization for Direct Deposit, 27 January 2020 * Congressional release form, 31 January 2020 * Congressional correspondence, 9 September 2020 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 states, in effect, his leave and earnings statement (LES) is missing 56 days of credit towards his retirement. He believes the records are in error because his extra duty time he worked has not been counted towards his retirement. A conflict caused his early retirement 3. A review of the applicant's service records shows: a. On 28 February 1974, he enlisted in the Regular Army. b. On 23 February 1976, he was honorably released from the Regular Army and transferred to control of the NCARNG. His DD Form 214 shows he completed 1 year, 11 months, and 26 days of active service during this period. c. On 23 February 1976, he completed a Statement of Acceptance to accept a position at 1452th Transportation Company, NCARNG. d. On 21 July 1992, the Office of the Adjutant General, Raleigh, NC published orders 162-125, which show the applicant was transferred to the Inactive National Guard with an effective date of 1 August 1992. e. On 1 August 1992, Office of the Adjutant General (TAG), NCARNG, Orders 162-125, transferred him to the Inactive National Guard (ING). f. On 28 April 1993, the Office of the Adjutant General, NCARNG by memorandum, notified the applicant’s commander that the applicant’s authorized period of assignment in the ING would expire on 31 July 1993, and he may return to active status with his unit of assignment, or request discharge from the NCARNG with assignment to the U.S. Army Reserve Control Group for the remainder of his obligation. g. His ARNG Current Annual Statement, prepared on 24 September 1993, shows between 28 February 1974 and 31 July 1993, he earned 1975 total points for retirement pay and 2047 total career points. It further shows he completed 17 years, 11 months, and 26 days of creditable service for retirement pay. Specifically, it shows during the requested time period: * 24 February 1991 to 23 February 1992; 76 points * 24 February 1992 to 31 July 1992; 17 points * 1 August 1992 to 31 July 1993; 0 points (1 August 1992 Transfer to the ING) h. On 13 October 1993, the applicant’s commander, by memorandum, stated the applicant’s assignment in the ING expires on 31 July 1993. He was scheduled to return to the NCARNG on 1 August 1993; however, he came to the unit on 7 October 1993 and told his supervisor he was unable to return to the ARNG due to continuing circumstances in his personal life. He recommended the applicant be discharged from the ARNG. i. On 20 December 1993, by Orders 270-11, the applicant was discharged from the ARNG with an effective date of 31 December 1993. j. His NGB Form 22 for the period ending 31 December 1993, shows he was honorably discharged by reason of incompatible occupation (Employment Conflict), after completing 17 years, 9 months, and 20 days of net service during this period and 1 year, 11 months, and 26 days of prior active federal service. It further shows he was in the ING for the period 1 August 1992 to 31 July 1993 (1 year). 4. The applicant provides: * his high school transcripts * Email, NCARNG, 22 January 2020, which shows his application for State pension from the state of NC * his SSN and ID * NC State Form 290, Income Tax Withholding, dated 27 January 2020, which shows he completed his preferences for his income tax withholding * NC Form 170, Authorization for Direct Deposit, dated 27 January 2020, which he provides his bank information * Congressional release form, 31 January 2020 * Congressional correspondence, 9 September 2020, in which his State Representative informed him he could apply to the ABCMR for a waiver/exemption to policy for 56 days of credit towards his retirement pension 5. By regulation, a reservist must earn a minimum of 50 retirement points each retirement year to have that year credited as qualifying service. ING service is not creditable as qualifying service. 6. Title 10, U.S. Code, Sections 12731 through 12738, 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. 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. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. Board members carefully considered the applicants request, supporting documents, evidence in the records and his record of service. He does not provide supporting documents in the form of Leave and Earnings Statements or DA Form 1380 to show he performed 56 days of duty that would warrant crediting him with those days. The law requires that a Reserve soldier must complete a minimum of 20 qualifying years of service to be eligible for retired pay at age 60. 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. He did not complete 20 qualifying years and did not provide sufficient evidence to support granting him service credit. If the applicant can provide supporting evidence that clearly shows he performed duty but did not receive credit for such duty, he may reapply to this Board for reconsideration. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X :X :X DENY APPLICATION 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. 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, United States 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 (Qualifying Service for Retired Pay Nonregular Service) implements statutory authorities governing the granting of “retired pay” to soldiers and former Reserve components soldiers. To be eligible for retired pay, and individual must have attained the age of 60 and completed a minimum of 20 years of qualifying service. a. After 30 June 1949, a reservist must earn a minimum of 50 retirement points erch retirement year to have that year credited as qualifying service. b. Inactive National Guard is not creditable as qualifying service. 3. Title 10, U.S. Code, Sections 12731 through 12738, 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. 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. 4. Army Regulation 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records) prescribes the types of training and activities for which retirement points are authorized. It states that annual or terminal statements of retirement points (1) give a permanent record of the total retirement points a soldier earns during a retirement year; (2) tell the soldier whether he or she earned sufficient points to be credited with a qualifying period for retired pay or for retention in an active status; and (3) give the soldier an opportunity to request correction of errors in the statement. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210010442 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1