ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 August 2019 DOCKET NUMBER: AR20160019676 APPLICANT REQUESTS: correction of his military records to show his retirement date as 23 September 2016, his 60th birthday, instead of 31 October 2016. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders Number CO7-696585 FACTS: 1. The applicant states: a. He is a retired Army Reservist. His date of birth is XX September 1956. The retirement orders he received correctly show the date he was placed on the retired list as 23 September 2016, his 60th birthday. However, the Defense Finance and Accounting Service (DFAS) tells him they have an internal message from the U.S. Army Human Resources Command (HRC) showing his retirement date as 31 October 2016. Therefore, DFAS began his U.S. Army Reserve (USAR) retired pay effective 31 October 2016 instead of 23 September 2016. b. His date of birth is clearly shown on all of his military records, including those at DFAS. However, DFAS tells him that his records must be corrected by the Army before they will pay him for the period between his correct retirement date of 23 September 2016 and the incorrect retirement date of 31 October 2016 shown on the internal correspondence they received from HRC. 2. Review of the applicant’s service record shows: a. He was born on XX September 1956. He was appointed in the Regular Army on 7 June 1978. He was honorably discharged on 7 June 1989, for failure of selection for permanent promotion. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 11 years of active service. b. He was appointed in the USAR on 19 June 1989. c. On 11 July 2003, the USAR Personnel Command issued him a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter). This letter informed him that he had completed the required years of service and would be entitled to retired pay, upon application at age 60. d. Orders Number C-03-309109, issued by the USAR Personnel Command on 27 March 2003, announced his reassignment to the Retired Reserve, by reason of nonparticipation, effective the same date. e. His Chronological Statement of Retirement Points, dated 8 June 2006, shows he had completed 20 years and 1 day of qualifying service as of 29 March 2003. f. On 12 June 2016, he submitted a DD Form 108 (Application for Retired Benefits). He indicated on the form his retired pay beginning date as 31 October 2016. g. Orders Number CO7-696585, issued by HRC on 20 July 2016, announced his retirement and placement on the retired list effective 23 September 2016, under the authority of Title 10, U.S. Code (USC), section 12731. h. He turned 60 on 23 September 2016. 3. By law (Title 10, USC, section 12731), a person is entitled to retired pay upon application if the person has attained the applicable eligibility age, has performed at least 20 years of service computed under section 12732 of this title, and is not entitled to retired pay from an Armed Force or retainer pay under any other provision of law. 4. By regulation (AR 135-180), in order to be eligible for retired pay, an individual 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 an Reserve Components Soldier (this requirement was lowered to 6 years between October 1991 to December 2001, and lowered to zero effective 26 April 2005). BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the Human Resource Command’s retirement notification to the applicant, dated 20 July 2016, the applicant is already on the retired list with an effective date of 23 September 2016. For that reason, the Board concluded there was insufficient evidence of an error or injustice which would warrant any further change to the applicant’s military 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, 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. Title 10, U.S. Code, section 12731, provides the legal age and service requirements for non-Regular retirement. It states a person is entitled to retired pay upon application if the person has attained the applicable eligibility age, has performed at least 20 years of service computed under section 12732 of this title, and is not entitled to retired pay from an Armed Force or retainer pay as a member of the Fleet Reserve or the Fleet Marine Corps Reserve under any other provision of law. 3. Army Regulation 135-180 (Army National Guard and U.S. Army Reserve (USAR) RNG and USAR Qualifying Service for Retired Pay Nonregular Service), states 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 an Reserve Components (RC) Soldier. During the period October 1991 to December 2001, the requirement to serve the last 8 years in an RC was amended to the last 6 years, and on 26 April 2005 this requirement was reduced to zero 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. ABCMR Record of Proceedings (cont) AR20160019676 3 1