PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           14 September 2000                   
	DOCKET NUMBER:   AR1999030975

	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. Richard H. Allen		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond v. O’Connor Jr.		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Elzey J. Arledge Jr.		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 essence, correction of his military records to show sufficient Reserve component service credit (qualifying years of service)  to receive retired pay.  

3.  The applicant states, in essence, that he served on active duty for 2 years between July 1970 and February 1972, and then in the Army National Guard  (ARNG) and the United States Army Reserve (USAR) between some date in 1972 and April 1992.  However, he has only 19 years creditable service for retirement purposes.  He claims that he received “2 years of service credit” when he received a “6 month drop” from active duty in 1972.  He submits copies of his DD Forms 214 (Report of Transfer or Discharge/Certificate of Release or Discharge from Active Duty) for service between July 1970-February 1972 and from November 1990-May 1991and two duplicate NGB Forms 22 (Report of Separation and Record of Service) for ARNG service between November 
1989 and April 1992.  Further, he submits a listing of USAR and ARNG units he claims that he served with from 1972 through 1992 as follows:

1972-1974:  401st Military Police Company, Nashville, Tennessee.  

1974-1978:  358th Military Police Company, Decatur, Illinois.

1978-1986:  47th Aviation Company, Decatur, Illinois.

1986-1992:  268th Military Police Company, Ripley, Tennessee.

4.  The applicant’s military records show that he was born on 6 May 1950.  He was inducted into the Army of the United States on 21 July 1970.  He was trained in military occupational specialty (MOS) 05C (Radio Teletype Operator).  He served for 10 months in Korea.  On 1 February 1972, he was released from active duty at the time of his return from his overseas assignment under the provisions of paragraph 5-3, Army Regulation 635-200, and a Department of the Army Message (not available) 102035Z December 1971.  The Separation Program Number (SPN) was SPN 21L-separation for good and sufficient reason when determined by Secretarial authority.  He was transferred to the USAR Control Group (Annual Training), United States Army Administration Center, St. Louis, Missouri.  The highest rank he attained while on active duty was private first class, pay grade E-3.  He was credited with 1 year, 6 months and 11 days active service.  There is no indication on his separation document or in his records that he received any additional active or inactive service credit for this period of service.

5.  The applicant’s retirement year (RY) in the USAR has been established as 
21 July of one year to 20 July of the next year.  He was given 365 retirement points credit (1 point for each day of active duty) from 21 July 1970 through 
20 July 1971.  He was given 196 points for active duty, and 15 points for USAR membership for the period 21 July 1971-20 July 1972.  Thus, he earned sufficient retirement points for two qualifying years for retirement between 1970 and 
1972  (a minimum of 50 retirement points are required for each qualifying year (Army Regulation 135-180, paragraph 2-6)).  

6.  He was given 15 membership retirement points in the USAR for the 
1972-1973 RY and also for the 1973-1974 RY.  Therefore, neither of these RY are considered qualifying.  

7.  From July 1974 through July 1990, the applicant was given credit for 50 or more retirement points for each RY, for a total of 16 additional qualifying years for service in the USAR or the ARNG. 

8.  During the RY July 1990 and July 1991, the applicant served a total of 
205 days on active duty in connection with Operation Desert Shield/Desert Storm.  Further, he was given 15 membership points and 15 inactive duty points. Accordingly, for the 1990-1991 RY, the applicant received 235 retirement points, thus giving him his 19th qualifying year for retirement purposes.   

9.  On 8 April 1992, the applicant was honorably discharged from the ARNG of the State of Tennessee (268th Military Police Company, Ripley, Tennessee) and the Reserve of the United States at the expiration of his term of service.  He held the rank of sergeant, pay grade E-5.  He was credited with 21 years, 8 months and 19 days active and inactive service for pay purposes.  However, he was given only 31 retirement points for the 1991-1992 RY (20 inactive duty points and 11 membership points (pro-rata portion of the RY)).  Thus, the 1991-1992 RY is not considered a qualifying year for retirement purposes.  

10.  On l2 August 1999, based on his telephonic request for a Letter of Eligibility for Retired Pay at Age 60 (20-Year Letter), the applicant was informed by the United States Army Reserve Personnel Command (AR-PERSCOM) that he had only 19 years, 0 months and 0 days qualifying service for retirement purposes.  Therefore, he was ineligible for a 20-Year Letter.  An ARPC Form 
249-3 (Chronological Record of Military Service) was also prepared by the 
AR-PERSCOM on 12 August 1999, which documented his service computation.  The biggest problem appeared to be that he had two non-qualifying years between July 1972 and July 1974.  He essentially had only 15 membership points for each year.  Further, the entry for the 1974-1975 RY shows 36 inactive duty points, 15 member ship points, but the Total Point column shows only 
15 points when it should be 51 points (a qualifying year).  Additionally, his last 
RY (the 1991-1992 RY) credited him with only 31 retirement points, thus this RY is not a qualifying year.  

11.  In connection with his application to this Board and his contention of service with the 401st Military Police Company in Nashville between 1972 and 1974, a detailed morning report search and review of other retirement service point computation records was made by the AR-PERSCOM.  That command opined that only six additional retirement points could be found for the 1973-1974 RY.  No other service/retirement point credits from his claimed service with the 
401st Military Police Company and the 358th Military Police Company  (Prisoner of War) during the RY’s 1972-1973 and 1973-1974 could be found.  

12.  In addition, the AR-PERSCOM produced an ARPC Form 606-E, prepared in the form of a Memorandum, SUBJECT:  Retirement Points For:  (The applicant’s name and service number).  This form shows his entire record of retirement points from July 1970 through April 1992.  It essentially validates the above service credits, with two exceptions.  The ARPC Form 606-E shows 
66 retirement points for the 1974-1975 RY, but should read 51 points (36 inactive duty points and 15 membership points) and no retirement point credit is listed for the 1988-1989 RY.  However, he was serving in the Tennessee ARNG at that time and the ARPC Form 249-3, prepared in August 1999 showed that he was credited with 46 inactive duty points and 15 membership points for a total of 
60 retirement points (maximum number creditable) for the 1988-1989 RY.  

13.  This opinion was provided to the applicant for his information/rebuttal.  He responded with submission of additional documentation already provided to the Board, two copies of the same NGB Form 23 (Retirement Credits Record) for service between July 1978 and November 1986 with the Illinois ARNG, his 
NGB Form 22 issued in April 1992, and his DD Form 214 for his active service in Southwest Asia from November 1990 through May 1991 and a copy of a DA Form 873 (Certificate of Clearance and/or Security Determination Under EO (Executive Order) 10450) issued on 2 December 1970.  

14.  Army Regulation 135-180 (Army National Guard and Army Reserve-Qualifying Service for Retired Pay Nonregular Service), indicates, in pertinent part, that to be eligible for retired pay, an individual needs not to have a military status at the time of application for retired pay, but must have (1) attained age 60; (2) completed a minimum of 20 years of qualifying service; and, (3) served the last 8-years of his or her qualifying service as a Reserve component soldier.  

15.  That regulation also states in paragraph 2-3, that a 20-Year Letter will be issued to the Reserve component soldier within 1 year after they complete 
20 years of qualifying service for retirement.  This letter will be issued by the Chief, National Guard Bureau for ARNG soldiers, and the Commander, AR-PERSCOM for USAR soldiers.  The letter, once issued, may not be withdrawn or revoked.  The soldier may voluntarily elect to transfer to the Retired Reserve or be discharged from the Army.   

CONCLUSIONS:

1.  The evidence of record clearly shows that at the time the applicant was discharged from the Tennessee ARNG, he had only 19 years qualifying service in the Army for retirement purposes.   

2.  The applicant claims additional service in the USAR between February 
1972 and some date in 1974.  However, a detailed search of morning reports and other documents available at the AR-PERSCOM fails to substantiate that he had 50 qualifying retirement points for the 1972-1973 RY (15 membership points only) and the 1973-1974 RY (15 membership points and 6 inactive duty points).   

3.  Notwithstanding this, the Board believes that the applicant served well and faithfully for more than 21 years on active duty, in the USAR and in the ARNG, with the intent to accrue 20 qualifying years for retirement purposes.  While his discharge from the Tennessee ARNG on 8 April 1992 at his normal expiration of term of service was proper, he may have been confused by the credit for more than 21 years of service for pay, which is not the same as 21 years of qualifying service for retirement.

4.  Therefore, the Board must conclude that, if the applicant had known that he only had 19 qualifying years for retirement purposes at the time of his discharge, he would have taken steps to extend his enlistment in the Tennessee ARNG in April 1992 to have completed his 20th qualifying year of service.  

5.  Accordingly, the applicant deserves relief in this instance based on compassion and equity.  His records should be corrected to show that 
20 retirement points awarded to the applicant for the 1990-1991 RY are to be transferred to the 1991-1992 RY and that this latter RY then be declared his 
20th qualifying year for retirement purposes.  

6.  Since the ARPC Form 249-3 issued by the AR-PERSCOM on 12 August 
1999 and the ARPC Form 606-E issued on 1 August 2000 differ as to retirement point credits for the 1973-1974 RY (6 additional inactive points);  the total point addition to the 1974-1975 RY computation;  the 1988-1989 RY left off the ARPC Form 606-E; and, the adjustment of the 1990-1991 RY and the 1991-1992 RY retirement points, as directed by the Board, the case should be referred back to the AR-PERSCOM for resolution and issuance of a corrected AR Form 606-E, or its equivalent, and that it be forwarded to the Chief, National Guard Bureau for further processing.  

7.  Upon establishment of 20 qualifying years of service for retirement purposes, the Chief, National Guard Bureau should issue a 20-Year Letter to this former National Guardsman announcing his qualification for retired pay at age 60 and announce his eligibility to select a Survivor Benefit Plan (SBP) option. 
8.  Further, the Chief, National Guard Bureau should advise the applicant of his entitlement to voluntarily transfer to the Retired Reserve.  If he elects this option, his NGB Form 22 issued on 8 April 1992 should also be corrected to show that he was transferred to the USAR Control Group (Retired Reserve).  

9.  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 showing that the individual concerned had 6 additional retirement points awarded for service in the USAR during the 1973-1974 RY;

b. by showing that he had 51 total retirement points during the 
1974-1975 RY; 

c.  by showing that he only had 215 retirement points credited during the 1990-1991 RY;

c.  by showing that 20 additional retirement points were credited to the applicant during the 1991-1992 RY; and 

e.  by declaring the 1991-1992 RY as a qualifying year for retirement purposes from the Reserve components.

2.  That upon completion of the administrative correction to the individual’s records and issuance of a full retirement point accounting by the AR-PERSCOM, that his case and military records be transferred to the Chief, National Guard Bureau for further administrative action.

3.  The Chief, National Guard Bureau should issue a 20-Year Letter to the individual concerned, as a former member of the Tennessee ARNG, announcing his entitlement to retired pay at age 60 and his eligibility for selection of an SBP option. 

4.  The Chief, National Guard Bureau should also advise the individual concerned of his eligibility to voluntary transfer (in writing) to the Retired Reserve vice his discharge from the Tennessee ARNG and the Reserve of the Army on 
8 April 1992.  

5.  If he elects to be transferred to the Retired Reserve, appropriate corrections should be made to the NGB Form 22 issued to the individual concerned on 
8 April 1992 by the Tennessee ARNG, and then his request be forwarded to the AR-PERSCOM for final action. 

BOARD VOTE:  

__rvo____  __mkp__  __eja____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Raymond V. O’Connor Jr._
		        CHAIRPERSON

INDEX

CASE ID	AR1999030975	
SUFFIX		
RECON		
DATE BOARDED	200000914	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	DASA	
ISSUES         1.	135.00	
2.	136.00	
3.	110.00	
4.		
5.		
6.