ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 31 May 2019 DOCKET NUMBER: AR20160015116 APPLICANT REQUESTS: reconsideration of his earlier request for: * correction of his record to show he was issued a 15-Year Letter to qualify for retired pay at age 60 * retirement pay retroactive to age 60 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Addendum C to DA Form 4187 (Personnel Action) (Individual Mobilization Augmentee (IMA)) * Memorandum, subject: Selected Reserve Transition Benefit (SRTB) Program * Selective Service System Advisory Opinion * Army Board for Correction of Military Records (ABCMR) Docket Number AR1998006330 FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR1998006330 on 3 June 1999. 2. The applicant states he does not know why his records are incorrect. It has caused great hardship on him through the years trying to figure out what the errors were and why his records are not correct. After several communications with the Army Review Boards Agency (ARBA) and the retirement branch regarding the issue of not qualifying for retirement, he believes the error was caused by the ABCMR stating that he was separated due to board action. He was not separated due to board action. He was separated due to the reduction of positions within the IMA and involuntary removed from the SRTB. His reason for separation as verified by copies of the only paperwork he has ever received which also states his years of service are verified to be at least 15 years, but less than 20 years of qualifying service. He received a letter from his region Selected Service Director in 1999 that verified the he was a member of IMA and that he was removed because of reorganization/realignment. Based on this information, he feels the decision not to award him his 15-Year Letter and retirement benefits was an internal oversight by Selective Service not properly forwarding his records to him or his personnel management file. 3. The applicant provides: a. Addendum C to DA Form 4187 (IMA), which shows that he requested assignment to/retention in the Retired Reserve. By doing so, he elected to receive benefits under the SRTB Program. Specifically, he will receive early qualification for retired pay at age 60 and “gray area” retirement benefits. He was aware that placement in the Retired Reserve was generally final and he could not be placed back in an active reserve status without Secretary of the Army approval. He authenticated this form with his signature, however the DA Form 4187 for which this is an addendum is not available for the Board to review. b. Memorandum, subject: SRTB Program, which states, in pertinent part, that initial review of the applicant’s records indicates that based on his involuntary transfer from Selected Reserve, he may be eligible to SRTB benefits. (1) The National Defense Authorization Act for Fiscal Year 1993, Public Law 102-484, entitles qualifying members of the Selected Reserve to participate in the SRTB Program. (2) Initial review of your records indicates that, based on his involuntary transfer from Selected Reserve, he may be eligible to receive SRTB benefits. These benefits are separated into four categories depending upon creditable years of service. A minimum of 50 points for each full year of service is required. Final determination of his eligibility will be determined by the Transition Assistance Management Point. The categories are as follows: * less than 6 years of creditable service * six or more, but less than 15 years of creditable service * 15 or more, but less than 20 years of creditable service * More than 20 years of creditable service (3) The DARP Form 249 (Chronological Statement of Retirement Points) shows his years of creditable service. If he has evidence that the enclosed DARP Form 249 is incorrect, i.e. he can substantiate more creditable years of service than are indicated, return a copy of his proof with the completed signed packet. Documents accepted for verification of service include copies of the following: DD Form 214, Leave and Earnings Statement, Military Pay Voucher or Correspondence Point Record. For National Guard service, an NGB Form 23 is a substantiating document. Copies of orders are not sufficient evidence to substantiate additional points. (4) After reviewing the packet and adding any additional information to support additional years, review and enter the appropriate entries on the DA Form 4187, sign and date the form. Sign and date the appropriate election service addendum, have it witnessed by either a commissioned officer or a notary public and return the service addendum and DA Form 4187. c. A selective service system advisory opinion, dated 23 February 1999, which shows information to be considered by the ABCMR. * the applicant was boarded on 12 December 1991 * a statement from selective board review states “It in no way reflects on your performance with or contributions to the Selective Service System” * the applicant was in an IMA position * he was a member of the Selected Reserve * he was assigned on 15 April 1989 * he was removed because or reorganization/realignment; position was eliminated * he furnished a copy of his retirement points to Ms. A__ in September 1998; the Board stated that there was no record of his service or retirement points 4. A review of the applicant’s service records shows: a. He was commissioned as a second lieutenant on 15 May 1977. b. He served on active duty from 13 November 1977 to 14 July 1985 and was relieved from active duty for failure to meet minimum standards of retention. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 7 years, 8 months, and 2 days of active service with 5 months and 28 days of prior inactive service. c. Orders 29-28, dated 3 April 1989 transferred the applicant from Headquarters and Headquarters Company, 467th Engineer Battalion, Memphis, TN to U.S. Army Reserve (USAR) Control Group (Reinforcement), St. Louis, MO, effective 15 April 1989. d. DARP Form 249, dated 7 June 1993, shows he completed 15 years of qualifying service for retirement: * from 15 May 1977 to 14 May 1985, he served in the USAR on active duty and earned 8 qualifying years for retirement * from 15 May 1985 to 14 May 1992, he served in the USAR and earned 7 qualifying years for retirement e. He was twice considered, but not selected for promotion to the next higher grade by the 1995 and 1996 Reserve Components Selection Boards respectively. f. Orders C-03-807954, dated 5 March 1998 reassigned the applicant from USAR Control Group (IMA) to the Retired Reserve, effective 26 February 1998. 5. By law, 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. 6. 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. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the documentary evidence provided by the applicant and found within the military service record of the applicant, the Board found insufficient evidence to show that an error or injustice was present which would warrant making a change to the applicant’s record. 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 (Age and Service Requirements), provides that 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 a Reserve Component (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 (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 (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) AR20160015116 5 1