IN THE CASE OF: BOARD DATE: 2 March 2010 DOCKET NUMBER: AR20090004590 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, that his record be corrected to show he completed over 21 years of qualifying service for retirement in the United States Army Reserve (USAR). 2. The applicant states, in effect, his records have been changed and his signature forged, which has resulted in his being denied his pension. 3. The applicant provides self-authored statements, documents from his military records, a Social Security Administration Earnings Report, and a third-party letter in support of this application. CONSIDERATION OF EVIDENCE: 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 Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant was born on 20 August 1930. He was inducted into the Army on 3 October 1951 and served on active duty for 1 year, 11 months, and 10 days until being honorably released from active duty (REFRAD) and transferred to the USAR on 12 September 1953. He remained a member of the USAR until 13 November 1959. 3. The applicant had a break in service from 14 November 1959 through 20 April 1977, and on 21 April 1977 he enlisted in the USAR. He served in that status, through a series of reenlistments, until he was involuntarily discharged due to reaching maximum age on 30 August 1990. 4. A Chronological Statement of Retirement Points, dated 9 September 1990, shows the applicant completed 14 years, 11 months, and 10 days of qualifying service for retirement and a total of 21 years, 4 months, and 18 days for longevity pay purposes. 5. In a letter addressed to the U.S. Army Human Resources Command (HRC) St. Louis, dated 16 June 2008, the applicant stated, in part, that following his discharge from active duty he became a police officer. He further states that several police officers, including him, were recruited for the 331st General Hospital and were told by the recruiter that they would receive six years of retirement credit as an incentive to sign up. He further stated that he should have received this credit for the period between 1953 and 1956. 6. The applicant's records contain a letter from the HRC St. Louis, Transition and Separations Branch, dated 20 February 2009, which responded to the applicant's request for retired pay. The letter informed the applicant he did not have 20 qualifying years of service for retired pay at age 60. It also indicated that an audit of the applicant's military records showed he only had 14 years, 11 months, and 10 days of qualifying service for retired pay. HRC St. Louis officials indicated that the applicant was ineligible to receive retired pay and his only recourse was to apply to the ABCMR for a review of his case. 7. The applicant provides a third-party letter from a recruiter, dated 7 February 2009, which indicates there was some special emphasis on recruiting police officers for the unit; however, the letter fails to indicate that there was a special incentive awarding additional service credit. 8. Sections 12731 through 12740 of Title 10, U.S. Code, authorize retired pay for Reserve component military service. Under this law, a Reserve Component 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. 9. Army Regulation 140-185 prescribes the types of training and activities for which retirement points are authorized and the procedures for recording retirement point credits and training for USAR Soldiers. In pertinent part, it provides that an annual Statement of Retired Points will be prepared for all Soldiers regardless of the number of points awarded. The purpose of the statement is to give a permanent record of the total retirement points a Soldier earns during a retirement year; to tell the Soldier whether he/she earned sufficient points to be credited with a qualifying period for retired pay or for retention in an active status; and to give the Soldier an opportunity to request correction of errors in the statement. DISCUSSION AND CONCLUSIONS: 1. The available evidence indicates that while the applicant completed 21 years 4 months, and 18 days of service for longevity pay purposes he was credited with completing only 14 years, 11 months, and 10 days of qualifying service for retired pay at age 60. 2. The applicant contends that he should be have been credited with additional qualifying service for the years 1953 through 1956 based on a promised enlistment incentive; however, there is no evidence supporting his claim that he was promised additional service credit as an enlistment incentive, and there are no provisions of law or regulation that ever allowed for this type of enlistment incentive. 3. The applicant should have received annual retirement point statements and was or should have been aware of the number of qualifying years he had completed for retirement pay long before he was discharged from the USAR. 4. The computation of retirement points credit is an administrative action performed by HRC St. Louis. The ABCMR requires the same documentation to verify retirement point credit as does HRC St. Louis. If the information on the applicant's Chronological Statement of Retirement Points is incorrect or incomplete the applicant should provide HRC St. Louis with documentation to verify his correct number of creditable retirement points. 5. The applicant's contention that his record was changed and that his signature was forged was also carefully considered; however, there is no evidence of record or independent evidence provided by the applicant that corroborates this claim, or that shows he ever completed additional qualifying service he was not appropriately credited with. As a result, there is an insufficient evidentiary basis to support this claim. BOARD VOTE: ________ ________ ________ 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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ _X_____ ___ CHAIRPERSON 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. ABCMR Record of Proceedings (cont) AR20090004590 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090004590 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1