IN THE CASE OF:	  

		BOARD DATE:	  15 October 2009

		DOCKET NUMBER:  AR20090007411 


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 that he be credited with qualifying years of service for retired pay at age 60 for the 9 years he spent working as a contractor in Kuwait City.

2.  The applicant states that the Army has deemed his position essential to its mission in Kuwait.  He says he proposes this idea in lieu of prolonging the investigation into lost retirement points.

3.  The applicant provides a U.S. Army Reserve Personnel Command (ARPC) Form 249-E (Chronological Statement of Retirement Points).

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he enlisted in the U.S. Army Reserve (USAR) on 18 June 1979 and served continuously in the USAR.

2.  On 20 July 2007, orders were issued ordering the applicant to 400 days of active duty.  Those orders were revoked on 30 August 2007.  On 31 August 2007, the applicant was transferred from the USAR Control Group (Reinforcement) to the Standby Reserve (Active List) based on a determination that he was a key employee.

3.  The ARPC Form 249-E shows that the applicant has 13 years of qualifying service for retired pay at age 60.

4.  The Department of Defense Pay Manual (DODPM), paragraph 10101, lists service which is creditable military service.  Working as a civilian contractor is not contained on this list.

5.  Army Regulation 135-180 (Army National Guard and Army Reserve Qualifying Service for Retired Pay Nonregular Service) implements the statutory authority governing what constitutes qualifying service for retired pay for nonregular service in the Reserve Components.  Chapter 2, in pertinent part, states that to be eligible for retired pay, an individual must have attained the age of 60 and completed a minimum of 20 years of qualifying service.  A qualifying year is defined as a year of service during which a Reserve member earns at least 50 retirement points.

DISCUSSION AND CONCLUSIONS:

1.  There are no provisions in the DODPM to credit a Reserve member with qualifying service for work performed as a civilian contractor.  As such, there is no basis for granting the applicant's request.

2.  If the applicant believes that he should have been credited with additional retirement points for service he performed as a Reserve member, he should submit documents verifying his duty performance to the U.S. Army Human Resources Command, St. Louis, MO.

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)                                         AR20090007411



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ABCMR Record of Proceedings (cont)                                         AR20090007411



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