IN THE CASE OF: BOARD DATE: 2 February 2016 DOCKET NUMBER: AR20150006285 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 the issuance of a 20-year letter (Notification of Eligibility for Retired pay at Age 60). 2. The applicant states she is seeking a 20-year letter so she can submit a request for retirement at age 60. 3. The applicant provides: * Air Force Reserve Order DA-369, dated 13 December 1988 * Air Force DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 9 September 1983 * AHRC Form 249-E (Chronological Statement of Retirement Points), dated 27 April 2015 * U.S. Army Reserve (USAR) DD Form 214, ending on 5 October 2007 * USAR Discharge Orders 13-126-00003, dated 6 May 2013 CONSIDERATION OF EVIDENCE: 1. The applicant was born on 16 May 1953. She turned 60 in May 2013. 2. She was appointed as a Reserve commissioned officer of the Air Force on 26 June 1980. She entered active duty on 10 September 1980 and she was honorably released from active duty on 9 September 1983. She was transferred to the U.S. Air Force Reserve. 3. She was appointed as an Army Nurse (AN) Corps Reserve commissioned officer and executed an oath of office on 7 December 2001. 4. She entered active duty on 9 December 2006 and she was honorably released from active duty on 5 October 2007. She was promoted to major (MAJ) on 11 April 2007. 5. She served in a variety of troop program unit positions within the Army Reserve Medical Command, Pinellas Park, FL, and then the 256th Combat Support Hospital, Blacklick, OH. 6. On 6 May 2013, Headquarters, USAR Command, Fort Bragg, NC, published orders honorably discharging her from the USAR effective 31 May 2013 due to statutory maximum age restrictions (age 60). 7. Her AHRC Form 249-E, dated 27 April 2015, shows she completed 8 qualifying years of service between June 2003 and May 2013. It appears her Air Force service was not counted. 8. As a result of her application, the U.S. Army Human Resources Command (HRC) audited her service record and added her Air Force (active and Reserve) points. An advisory opinion was received on 27 May 2015 from HRC that stated an updated AHRC Form 249-E shows her corrected service as 15 years, 11 months, and 2 days. Further, if the applicant has additional supporting evidence to support more qualifying points, she may submit documentation (leave and earning statements, DA Form 1380 (Record of Individual Performance of Reserve Duty Training), or DD Forms 214) to HRC. If sufficient evidence is provided to correct her AHRC Form 249-E to show 20 or more qualifying years of service toward retirement, she may be eligible for retired pay. She will receive credit for all service indicated on the AHRC Form 249-E and retired pay will be effective on the day that she turned 60. 9. The applicant was provided a copy of this advisory opinion. She submitted the same documents she had previously sent to HRC to update her AHRC Form 249-E. She did not send HRC any new documents to substantiate a correction to her retirement point statement. 10. Army Regulation 135-180 (Qualifying Service for Retired Pay Non-Regular Service) implements statutory authorities governing the granting of "retired pay" to Soldiers and former Reserve component Soldiers. Chapter 2 states area commanders and the Commanding General, HRC will furnish statements of service and retirement point credits when requested by a Ready Reserve Soldier under their jurisdiction. When local records available at the Reserve units do not conclusively establish the Soldier’s creditable service and completion of 20 years of qualifying service, or mandatory removal from active status, the area command will request assistance from HRC to verify the doubtful period(s) of service. Area commanders should make maximum effort to locate missing and unaccounted for retirement point records. For Soldiers discharged, but qualified for retirement, HRC will issue the notification letter normally during the individual’s last period of service in an active status. 11. Army Regulation 140-10 (Assignments, Attachments, Details, and Transfers) sets forth the basic authority for the assignment, attachment, detail, and transfer of USAR Soldiers. Chapter 7 of the regulation relates to the removal of Soldiers from an active status and states in pertinent part that Soldiers removed from an active status will be discharged or, if qualified and if they so request, will be transferred to the Retired Reserve. 12. Army Regulation 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records) 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. Retirement points may be earned by USAR Soldiers for active duty (AD), or while in an active Reserve status, for active duty for training (ADT), initial active duty for training (IADT), involuntary active duty for training (involuntary ADT), annual training (AT), inactive duty training (IDT), Reserve membership, and for other specified activities. Annual or terminal statements of retirement points tell the Soldier whether he had earned sufficient points to be credited with a qualifying period for retired pay or for retention in an active status. It also gives the Soldier an annual opportunity to request correction of errors in their statement. DISCUSSION AND CONCLUSIONS: 1. The applicant was born in May 1953 and reached age 60 in May 2013. She previously served in the Air Force, active and Reserve, and then she was appointed in the USAR. She was honorably discharged from the USAR in May 2013 due to reaching the statutory maximum age. 2. The applicant received an annual AHRC Form 249-E upon the anniversary of her retirement year while a member of the active Reserve. Additionally, this document was accessible to her electronically at any time to view, review, and/or update. 3. HRC updated her AHRC Form 249-E and added retirement points based on evidence provided by the applicant. Her corrected form now shows she completed of 15 years, 11 months, and 2 days of qualifying service. She needs 20 qualifying years to retire. The current evidence shows less than 20 years. 4. HRC is the agency responsible for updating and correcting the AHRC Form 249-E based on the evidence of record. The applicant must provide proper documentation to HRC. If upon correction her AHRC Form 249-E reflects 20 or more qualifying years of service, she may be eligible for retired pay. She will receive credit for all service indicated on the AHRC Form 249-E and retired pay will be effective on the day that she turned 60. 5. To date, the applicant has not complied with the HRC guidance. As she did not complete 20 years of qualifying service, she is not eligible to receive a 20-year letter nor is she eligible for retired pay. There is no error or injustice in her record because she did not meet the regulatory requirements for receiving retired pay for non-regular service. 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) AR20150006285 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006285 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1