ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 9 May 2019 DOCKET NUMBER: AR20160014271 APPLICANT REQUESTS: in effect, correction of his records to show he qualified for non-regular retirement. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * E-mail from U.S. Army Human Resources Command (HRC) * DD Form 108 (Application for Retired Pay Benefits) * AHRC Form 249-E (Chronological Statement of Retirement Points) * Letter from HRC * E-mail from Army Review Boards Agency (ARBA) FACTS: 1. The applicant states that he completed 20 years of service, as shown on his chronological statement of retirement points. He received a letter from HRC that he was not entitled to retirement pay for this time. He believes he is entitled to retirement due to qualifying points. 2. The applicant provides: a. An e-mail from HRC, dated 24 August 2012, which shows that when he transferred from the Regular Army (RA) in 1992, the last 8 years of qualifying service were not in the Reserve component based on law. b. An application for retired pay benefits, dated 26 September 2013, which shows he applied for retired pay benefits while serving in the Individual Ready Reserve. c. A chronological statement of retirement points, dated 1 April 2014, which shows he had 20 years and 1 day of qualifying service for retirement, with service beginning on 1 April 1972 in the Army National Guard (ARNG) through 19 March 2014 when he was discharged from the U.S. Army Reserve (USAR). a. d. A letter from HRC, dated 15 April 2014, which shows his application for retired pay benefits was denied. The official stated that although he had completed 20 years of service as shown on his chronological statement of retirement points, the last 8 years were in a RA status and therefore he was ineligible to receive retired pay. e. An e-mail from ARBA, dated 22 July 2016, which shows the process to initiate a review of his record. 3. A review of the applicant’s service record show: a. Having prior service in the ARNG, he enlisted in the RA on 7 February 1978. b. He served in Germany from 29 April 1982 to 16 April 1985 and from 17 February 1988 to 29 August 1991. c. He was honorably discharged from active duty on 31 July 1992 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph chapter 16-8 (Reduction in Authorized Strength). His DD Form 214 shows he completed 13 years, 5 months, and 25 days of active service with 2 years, 1 month, and 26 days of active prior service. d. His most recent AHRC Form 249-E shows he completed 20 years and 1 day of qualifying service for non-regular retirement. A review of his retirement points shows: * from 19720401 to 19770331, he was enlisted in the ARNG * from 19770401 to 19770410, he was enlisted in the reserve/qual * from 19770411 to 19920731, he was enlisted in the RA * from 19920801 to 19930331, he was enlisted in the reserve/qual * from 19930401 to 20130331, he was enlisted in the USAR * from 20130401 to 20140319, he was discharged from the USAR 4. The applicant submitted an application for retired pay at age 60 to HRC. HRC denied his request on 15 April 2014. An HRC official stated: a. Eligible requirement for retired pay and benefits based on non-regular or Reserve Component Military Service is set forth in sections 12731-12737 of Title 10, U.S. Code. Members and former members of the Reserve Components that are authorized retired pay upon attaining age 60 must have completed a minimum of 20 qualifying years of service, the last 8 years of which must have been in a Reserve Component. After July 1949, a Reserve Soldier must have earned at least 50 retirement points per year for that service to be creditable for retirement. b. His application was denied. Although he completed 20 years of service as shown on the chronological statement of retirement points, the last 8 qualifying years were in a a. RA status. Therefore, he was ineligible to receive retired pay. Their office was denying his application for retired pay and it is being returned. 5. By law, a Reserve Soldier must complete a minimum of 20 qualifying years of service to be eligible for retired pay at age 60. A person is entitled, upon application, to retired pay if the person has attained the eligibility age applicable and has performed at least 20 years of service. At the time of his retirement, the law required the last 8 years of qualifying service to be in the Reserve. 6. By regulation (AR 135-180), paragraph 2-1a indicates that to be eligible for retired pay an individual does not need to have a military status at the time of application for retired pay, but must have (1) attained age 60; (2) completed a minimum of 20 years of qualifying service; and (3) served the last 8 years of his or her qualifying service as a Reserve Component (RC) Soldier. The requirement to serve the last 8 years in an RC was later amended to the last 6 years, and on 26 April 2005 this requirement was reduced to zero (0) years. BOARD DISCUSSION: Per Army Regulation 135-180, dated 28 May 2015. stating that any period of service as an active component Soldier cannot be used for a USAR non-regular retirement during the last 8 years of qualifying service, the Board found that the applicant did not qualify for non-regular retirement. 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. 5/13/2019 X CHAIRPERSON Signed by: 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. Army Regulation 135-180 (Army National Guard and Army Reserve-Retirement for Non-Regular Service) chapter 2-5 dated 28 May 2015 states that any period of service as a member of a regular component between the periods of Reserve service counted toward 8 or 6 year requirement will be included in the determination of the Soldier’s years of qualifying service in paragraph 2-2 toward eligibility for non-regular retired pay, but will not count toward the last 8 or 6 years. Any Reserve service served in conjunction with regular service will not count toward the last 8 or 6 years (that is, partial year credit). 2. Title 10, U.S. Code, sections 12731 through 12740 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. Section 12731 states a person is entitled, upon application, to retired pay computed under section 12739 of this title, if the person has attained the eligibility age applicable under the appropriate subsection and has performed at least 20 years of service computed under section 12732 of this title.