RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 May 2007 DOCKET NUMBER: AR20060011244 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. Gerard W. Schwartz Acting Director Ms. Wanda L. Waller Analyst The following members, a quorum, were present: Ms. Linda Simmons Chairperson Mr. Jerome Pionk Member Mr. Eddie Smoot Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, a 20-Year Reserve retirement. 2. The applicant states, in effect, that he is missing three retirement points to qualify for a 20-Year Reserve retirement because of a 90-day break period in his service. 3. The applicant provides an Army National Guard Retirement Points History Statement; discharge orders; a National Guard Bureau Form 22 (Report of Separation and Record of Service); and an Honorable Discharge Certificate from the Army National Guard. CONSIDERATION OF EVIDENCE: 1. The applicant served in Operation Iraqi Freedom. 2. The applicant was born on 20 June 1966. Having prior inactive service, the applicant enlisted in the Army National Guard on 21 April 1988. On 29 August 2006, he was honorably discharged from the Army National Guard for expiration term of service. 3. The applicant’s Army National Guard Retirement Points History Statement, prepared on 15 November 2006, shows that he completed 19 years, 3 months, and 9 days of creditable service for non-regular retirement at age 60. The statement shows that during retirement year ending 20 April 2006 he earned 43 retirement points. 4. In the processing of this case, a request for an advisory opinion from the National Guard Bureau was made. On 16 March 2007, the request for an advisory opinion was returned without action due to insufficient evidence. 5. 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 ore more retirement points are earned during each year and which count as qualifying years of service for retirement benefits at age 60. DISCUSSION AND CONCLUSIONS: The applicant’s Army National Guard Retirement Points History Statement shows he completed 19 years, 3 months, and 9 days of creditable service for a Reserve retirement when he was discharged upon his expiration term of service. It appears that had he been properly counseled concerning how close he was to completing 20 years of qualifying service he would have extended his enlistment. Therefore, it would be equitable to correct his records to show he completed 20 years of qualifying service for a Reserve retirement by redistributing his retirement points to give him a qualifying year for retirement year ending 20 April 2006. BOARD VOTE: LS_____ _JP_____ _ES_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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: a. redistributing excess retirement points to provide him with a qualifying year of service for retirement year ending 20 April 2006; and b. issuing him a certificate of eligibility to show he is entitled to Reserve retirement pay at age 60. _____Linda Simmons____ CHAIRPERSON INDEX CASE ID AR20060011244 SUFFIX RECON DATE BOARDED 20070508 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION GRANT REVIEW AUTHORITY ISSUES 1. 135.0200 2. 136.0400 3. 4. 5. 6.