ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 3 April 2019 DOCKET NUMBER: AR20160013887 APPLICANT REQUESTS: issuance of Notification of Eligibility for Retired Pay at Age 60 (15-Year Letter). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * U.S. Air Force Enlisted DD Form 214 (Report of Separation from Active Duty) * 2 DARP Forms 249-1-R (Request for Correction of Chronological Statement of Retirement Points) * DARP Form 249-2-E (Chronological Statement of Retirement Points), dated 10 December 1993 * Regular Army (RA) Enlisted DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 17 March 1983 * U.S. Army Reserve (USAR) DD Form 214, ending on 31 July 1988 * Retired Reserve orders, effective 29 August 1994 FACTS: 1. The applicant states a. His DARP 249-2-E does not accurately reflect qualifying service for retirement. It indicates 11 years and 2 months. He has roughly 10 years of active duty and 6 years served in Reserve Component. In 1994, he was passed over for promotion to major a second time and transferred to the Retired Reserves. At that time, he had more than 15 qualifying years of service which was required by TERA (Temporary Early Retirement Authority) (Early Retirement Act) in effect at that time. DARP 249-1-R contains the correct points and service through 8 September 1990. b. He believes the DARP 249-1-R correcting his points and years of service was never inserted in his official military record. The documents confirms that he has 15 qualifying years of service which would make him eligible for the 15 Year Notification of Eligibility that is necessary for retirement. c. He recently discovered the DARP 249-1-R correcting his points and years of service. Apparently, it was never included in his official file. He had not realized there was a problem until he turned 60 years old and was informed that he had no 15 Year Notification of Eligibility Letter on file. He spoke with the U.S. Army Human Resources Command (HRC) personnel and he was informed that he needed to provide the information necessary to correct qualifying years for them to issue a 15-Year letter. 3. The applicant provides: * DD Form 214 for his active U.S. Air Force service from 9 January 1975 through 8 January 1979 * DARP Form 249-1 -R, undated, showing his U.S. Air Force active service * DARP Form 249-1-R, undated, showing his points in various components from 6 November 1978 through 8 September 1990 * DARP Form 249-2--E, dated 10 December 1993, showing he completed 11 years, 2 months, and 4 days of qualifying service for non-regular retirement * his RA and USAR DD Form 214 * Orders C-12-449907, dated 5 December 1994, transferring him to the Retired Reserve effective 29 August 1994 4. Review of the applicant's service records shows: a. The applicant was born in 1956. He served in the U.S. Air Force from 9 January 1975 to 8 January 1979, completing 4 years of active service. b. His DARP Form 249-1-R shows he was transferred to the U.S. Air Force Reserve between 9 January 1979 and 5 November 1980 but did not earn at least 50 retirement points for this period to be qualifying. c. After a break in service (6 November 1980 through 8 September 1982), he enlisted in the USAR on 9 September 1982. d. He entered active duty on 19 October 1982 and he was honorably discharged on 17 March 1983 to accept a commission. He completed 4 months and 29 days of active service. e. He was appointed as a Reserve commissioned officer and entered active duty on 18 March 1983. He was promoted to captain on 1 February 1987. f. He was honorably released from active duty (voluntary request to pursue civilian employment) on 31 July 1988. His DD Form 214 for this period of service shows he completed 5 years, 4 months, and 13 days of active service. He was transferred to the USAR Control Group (Reinforcement). g. On 12 March 1992, he was transferred from the USAR Control Group (Reinforcement) to an Individual Mobilization Augmentee (IMA) position within the U.S. Army Field Artillery Center, Fort Sill, OK, by orders, dated 3 April 1992. h. On 30 June 1993, he received a letter from the U.S. Army Field Artillery Center informing him that the IMA position with the Center had been deleted. He was urged to seek a more career enhancing position within the USAR and contact his assignment officer. i. On 5 December 1994, after having been non-selected for promotion to major a second time, the USAR Personnel Center, St. Louis published Orders C-12-449907 honorably reassigning him from the U.S. Army Field Artillery Center to the Retired Reserve effective 29 August 1994 due to non-selection for promotion. j. His DA Form 5016 (Chronological Statement of Retirement Points) show she completed 11 years, 2 months, and 4 days of qualifying service for non-regular retirement. 5. HRC reviewed his case and rendered an advisory opinion on 4 June 2018. An advisory official recommended a. The Reserve Component Retirement Branch (RCR) has reviewed the applicant's military records. He completed 13 years and 3 days (after adjustment) of qualifying service towards non-regular retirement. To be eligible for a 15-year retirement, a Soldier must be medically retired or serving in a unit that was being downsized, deactivated, or relocated at the time the Soldier attained 15 years. b. The applicant was passed over twice for promotion. He had the option at that time to be placed in the Retired Reserve with having less than 20 qualifying years of service for retired pay purposes with early qualification eligibility to receive pay at age 60. Therefore, the RCR Branch has to deny him a 15 Year Letter. 6. The applicant responded to the advisory opinion and indicated that the retirement points remain inaccurate as he earned 52 points between 1989 and 1990, and 1990 to 1991. He also indicated that his IMA position was in fact deleted. 7. By law and regulation, Reserve Component members are required to complete 20 years of qualifying service in order to be eligible for non-regular retirement. A qualifying year of service for non-regular retired pay is a full year during which a Regular or Reserve member is credited with a minimum of 50 retirement points. 8. The law further states that a member of the Selected Reserve who was medically disqualified for continued service in an Reserve Component or serving in a unit that was being downsized, deactivated, or relocated at the time the Soldier attained 15 years, could be considered as having met the service requirement and could be issued a Notification for Eligibility for Non-Regular Retired Pay at Age 60, 15-Year Letter, if the member completed at least 15 years, but less than 20 years of qualifying service for non-regular retirement purposes. 9. The applicant did not complete at last 15 qualifying years of service towards non-regular retirement. BOARD DISCUSSION: After reviewing the application and supporting documents, the Board determined that relief was not warranted. Based upon a review of the military service record of the applicant, the Board found that the applicant’s military service was accurately depicted by the qualifying service points towards retirement and that no injustice or error in record keeping warranted making a correction. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. REFERENCES: 1. Title 10, U.S. Code, section 12731. A non-regular service member is entitled, upon application, to retired pay if the person is at least 60 years of age; has performed at least 20 years of qualifying service; and, having completed the service requirement during the period beginning on 1 October 1994 and ending on 30 September 1999, shall have performed the last 6 years of qualifying service while a member of an RC. 2. Title 10. U.S. Code, section 12731 (Temporary special retirement qualification authority). (a) (Retirement With At Least 15 Years of Service), states for the purposes of section 12731 of this title, the Secretary concerned may a. (1) during the period described in subsection (b), determine to treat a member of the Selected Reserve of an RC of the armed force under the jurisdiction of that Secretary as having met the service requirements of subsection (a)(2) of that section and provide the member with the notification required by subsection (d) of that section if the member (A) as of 1 October 1991, has completed at least 15, and less than 20, years of service computed under section 12732 of this title; or (b) after that date and before the end of the period described in subsection (b), completes 15 years of service computed under that section; and b. (2) upon the request of the member submitted to the Secretary, transfer the member to the Retired Reserve. The period referred to in subsection (a)(1) is the period beginning on 23 October 1992 and ending on 31 December 2001. ABCMR Record of Proceedings (cont) AR20160013887 2 1