ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 10 May 2019 DOCKET NUMBER: AR20160018924 APPLICANT REQUESTS: * issuance of a 20 Year Letter (Notification of Eligibility for Retired Pay at Age 60) * a personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Letter to the Applicant * Extract of Master Military Pay Account (MMPA) Guide * ARPC Form 249-E (Chronological Statement of Retirement Points) * Leave and Earning Statements (LES) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states that he was code yellow. He called Ms. X X , who informed him that he owed 30 days of lost time. He was informed that the lost time was removed, however it was not removed. He was waiting to receive a 20 year letter and never received it. At the time of the lost time, he states that he was in the 3rd Ranger Training Brigade, Fort Benning, GA from 25 October to 22 November 1988. 3. The applicant provides: a. Letter from [unknown], states that they are a novice for reading the MMPA (Master Military Pay Account) guide. They instructed the applicant to find the closest Defense Military Pay Office. Two areas were pointed out from the MMPA guide: * NA Privacy Act Flag - normally blank (no dates) * TA Lost Time – you don’t show lost time * b. ARPC Form 249-E, shows 19 years, 7 months and 25 days of computed service. c. LES’ from September 1988 to March 1992. 4. A review of the applicant’s service record shows: a. He enlisted in the Regular Army (RA) on 27 October 1976. He reenlisted or extended on multiple occasions in the RA, as follows: * 28 April 1980 reenlisted for 6 years * 14 May 1986 extended for 9 months to complete normal overseas tour * 1 December 1986 reenlisted for 6 years b. Orders 158-786, dated 6 June 1992, reassigned him to the U.S. Army Transition Point, Fort Benning, GA with a report date of 20 July 1992. c. ATZB-AG-RCT Memorandum, dated 16 July 1992, changed his assignment from the U.S. Army Reserves (USAR) Control Group (Reinforcement), St. Louis, MO to 4164th USARF School, San Antonio, TX. d. He was honorably discharged from the Regular Army for misconduct on 20 July 1992. His DD Form 214 shows he completed 15 years, 7 months, and 25 days of active service and that heh was transferred to the 4164th USARF School. e. He enlisted into the USAR on 10 July 1995. He extended in the USAR as follows: * 1 year in the Individual Ready Reserves on 8 March 2001 * 2 years in the Troop Program Unit of the USAR on 30 May 2002 f. He was honorably discharged from the USAR on 13 July 2004. His DA Form 5016 (Chronological Statement of Retirement Points) shows 19 years, 7 months, and 25 days of computed service. 5. By regulation, Army Regulation 135-180 (Army National Guard and Army Reserve- Qualifying Service for Retired Pay Nonregular Service), 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. This regulation also specifies, in part, that each RC Soldier who completes the service required to be eligible for retired pay at age 1. 60 will be notified in writing with a 20-year letter within 1 year after he/she completes the service. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the documentary evidence presented by the applicant and found within the military service record, the Board concluded that the applicant currently has 19 years, 7 months and 26 days of qualifying time for retirement. For that reason, the Board found insufficient evidence of an error or injustice would warrant making a change to the 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. 5/16/2019 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. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 135-180 (Army National Guard and Army Reserve-Qualifying Service for Retired Pay Nonregular Service), 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. This regulation also specifies, in part, that each RC Soldier who completes the service required to be eligible for retired pay at age 60 will be notified in writing with a 20-year letter within 1 year after he/she completes the service.