PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           29 June 2000                   
	DOCKET NUMBER:   AR1999031662

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. John N. Slone		Member	
	Mr. Melvin H. Meyer		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, that he be issued a 20-year letter.

3.  The applicant states that he needs only a short amount of Reserve time to be eligible for retired pay.  He had injured his back in 1978 and developed spinal arthritis.  He applied for Civil Service disability but was turned down.  He was told if he could get a disability discharge from the Army his request for Civil Service disability would be approved.  He took an Army physical and received a disability discharge.  However, no one ever told him he did not have or that he needed a total of 8 years in the Guard in order to be eligible for retirement.

4.  The applicant’s military records are not available.  The information contained herein was obtained from documents provided by the applicant.

5.  The applicant was born on 31 October 1939.  He initially entered the service on 4 May 1956 in a Reserve status.  After having had two periods of active duty and a short break in service, he enlisted in the Army National Guard in 1973.

6.  Between retirement year ending (RYE) 16 April 1973 and RYE 16 April 1980, the applicant completed 7 years, 8 months and 16 days of qualifying years for retirement.  He was honorably discharged on 1 January 1981 apparently for not meeting medical retention standards.  During RYE 1 January 1981 he earned 47 retirement points.  He was three and one-half months and 3 retirement points short of completing his eighth qualifying year.  He had completed 23 years, 11 months and 9 days of creditable service for longevity and for 20 qualifying years. 

7.  Army Regulation 135-180 implements statutory authorities governing the granting of “retired pay” to soldiers and former Reserve components soldiers.

8.  Sections 12731 through 12738 of Title 10, U.S. Code, 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.  At the time of the applicant’s separation, the last eight years of qualifying service must have been performed while a member of a Reserve component.

CONCLUSIONS:

1.  The Board concludes that there is no evidence of Government error in this case but that it would be an injustice not to determine that the applicant is eligible for retired pay at age 60.

2.  The Board notes that the applicant had served the military in good faith for almost 24 years for longevity purposes and for 20 qualifying years.  The problem is that he did not serve his last full eight years of qualifying service as a member of a Reserve component.  He was discharged on 1 January 1981 and he would not have completed his last full eight years as a member of a Reserve component until 16 April 1981.

3.  It appears the applicant was discharged on 1 January 1981 for not meeting medical retention standards and he may not have been counseled that he still needed three and one-half months before he qualified for a Reserve retirement.
A full qualifying year is required; a portion of a qualifying year does not meet the requirement.  The Board concludes that it would be in the interest of justice to adjust the applicant’s RYE 1 January 1981 to 16 April 1981, thereby giving him a full qualifying year and by taking 3 inactive duty points from RYE 3 May 1957 and adding them to RYE 16 April 1981 so he has a “good” year for that RYE.  This correction would make him eligible for retired pay at age 60.

4.  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 changing the applicant’s RYE 1 January 1981 to 16 April 1981 and showing he was in an excused from drill status during the period 1 January through 16 April 1981;
b.  by changing the Retirement Points Accounting System as pertains to the applicant to show he earned 44 inactive duty points and a total of 72 retirement points for RYE 3 May 1957;
c.  by changing the Retirement Points Accounting System as pertains to the applicant to show he earned 39 inactive duty points and a total of 50 retirement points for RYE 16 April 1981; and
d.  by issuing to the applicant a certificate of eligibility to show that he is entitled to Reserve retired benefits at age 60.

2.  The Army has an established program to counsel retiring soldiers on the rights, benefits, and privileges afforded as a result of military retirement.  Retirement Services Officers (RSO) are available at most major Army 

installations to provide a retirement briefing, which includes information on the Survivor Benefit Plan (SBP).  The applicant is advised to contact his nearest RSO (list enclosed ) as soon as possible to facilitate a smooth transition to retired status.

BOARD VOTE:  

__jhl___  __jns___  __mhm___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			JoAnn H. Langston
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999031662	
SUFFIX		
RECON		
DATE BOARDED	20000629	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	135.03	
2.		
3.		
4.		
5.		
6.