ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF:   BOARD DATE:  6 February 2020 DOCKET NUMBER:  AR20170007092 


APPLICANT REQUESTS:  reconsideration of his previous request for the correction of 
his military records to reflect that he met the requirements for a non-regular retirement. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 149 (Application for Correction of Military Record)

.Congressional inquiry

.Self Authored letter(s)

.Records request letter

.National Personnel Records Center letter

.Retirement Point Credit Notice(s)

.ARPC Form 249 (Chronological Statement of Retirement Points)

.Excerpt from DD Form 4 (Enlistment/Reenlistment Document)

.Docket# AR20150004145



FACTS: 

1.Incorporated herein by reference are military records which were summarized in theprevious consideration of the applicant's case by the Army Board for Correction ofMilitary Records (ABCMR) in Docket Number AR20150004145 on 14 January 2016.

2.The applicant states in contention with the board’s previous denial of his request thathe was lost in the system for 6 years and he was unable to attend training for anadditional 2 years after he was transferred into the Individual Ready Reserve (IRR).

a.On 3 January 2001 he submitted a request for correction of his retirement pointsbecause his records only reflected points through 1996 rather than 1998.



b.On 12 December 2001 he received a response indicating that they were unableto locate the required record to address his request.  He submitted multipleinquiries in the following years with hopes that the lost record would be found.














































c.From 20 January 2010 through 29 March 2011, he sent a total of 6 emails to his congressman’s office requesting assistance.d.From 12 September 2013 through 3 June 2014, he sent 2 emails to the Human Resources Command (HRC) requesting correction of his retirement points from 1996 through 1998.  He also was able to get his points corrected for extension courses completed during the period of 1982 through 1985.  Two of the years are still incorrect; Retirement Year Ending (RYE) 18 September 1984 should reflect 15 (total of 30 points) and RYE 18 September 1985 should reflect 29 (total of44 points).e.From 16 March 2014 through 24 February 2015, he sent 8 packets/letters to the Department of the Army at multiple addresses, but did not receive a response.f.On 19 January 2016 he finally received a response and decided to obtain assistance from a Mr. K_ from within his congressman’s office in order to discuss the denial of his request.g.On 26 October 2016 he again met with Mr. K_.  Collectively and they concluded that there was substantial evidence to reflect that he tried to earn at least 20 good years of service.h.He further contests that he should have a total of 25 years of service.  He provides the following details and explanation for the years of service that he was unable to obtain 50 points, starting with the 9 good years already reflected:•for 6 years he was lost in system•for 2 years he was short 5 and 8 points, (should be 5 & 6 points) while in IRR due to a job change and to finish his schooling•for 2 years he was short 13 & 19 points while in IRR due to his civilian job, in order to finish schooling and because he was recently married•for 2 years he was short 21 & 25 points, while remaining in the IRR attempting to locate a unit to be assigned to•for 1 year he was short 10 points, as reflected on the correction of points statementi.Collectively, based upon the calculation above, he would have a total of 22 good years towards a non-regular.j.While in the IRR he worked as an Army Recruiter, for points only with no entitlement to pay with hopes of obtaining as many points as possible towards a good year. 


k.He attended training to additional times while in the IRR at Fort Indiantown Gap,PA and Blue Grass Army Depot, KY.  This represents two examples of hiswillingness to go almost anywhere for training.  For over 15 years he experiencedchallenges with obtaining points and attending training.



3.A review of the applicant’s available service records reflects the following on:

.19 September 1972 - he enlisted in the Army

.18 September 1974 - he was released from active duty and transferred intothe Army Reserve

.22 April 1998 - he was discharged from the Army Reserve; credited with9 years of qualifying service towards retirement (1,608 total points)

.5 February 2015 – he was notified by the Human Resources Service Centerthat he was not entitled to retirement pay under Section 12731-12737 ofTitle 10 because he had only obtained 9 years of creditable service






4.The applicant provides the following a:

a.Congressional inquiry dated 23 December 2016 – reflective of their request for acomprehensive review of the applicant’s request.  Further stated is that theapplicant departed service during the Temporary Early Retirement Authorityperiod and he should have qualified for that.



b.Retirement Point Credit Notice – reflective of him earning 45 credit hours duringRYE 18 September 1984; points earned for RYE 18 September 1985 areunreadable on the provided document.



c.ARPC Form 249 (Chronological Statement of Retirement Points) dated28 October 1987 – reflective of 9 creditable years towards retirement.



d.Chronological Statement of Retirement Points dated 5 February 2015 – reflectiveof the same information as stated above; applicant annotates the years that hefailed to obtain 50 points per year.



e.Excerpt from DD Form 4 (Enlistment/Reenlistment Document) dated12 December 1989 – reflective of his reenlistment in the Army Reserve.



5.Docket Number AR20150004145 was adjudicated on 14 January 2016.  The boarddetermined that the evidence presented did not demonstrate the existence of aprobable error or injustice.  Therefore, the Board determined that the overall merits ofthis case where insufficient as a basis for correction of the records of the individualconcerned.  In result they denied his request.

6.On 15 January 2020 an advisory opinion was obtained from the Human ResourcesCommand.  It is their opinion that the applicant is not eligible for a 20 year retirementletter because he failed to obtain at least 50 points towards retirement from 1981through 1991 and 1994 through 1998.

7.On 10 February 2020, a constituent liaison for a U.S. Senator, responded to theadvisory opinion and the applicant’s request that the Board considered the applicant’spreviously submitted correspondence from 2014 and 2016 and his request for additionalpoints based on completion of correspondence courses.

BOARD DISCUSSION: 



1.The Board carefully considered the applicant’s request, supporting documents andevidence in the records.  The Board considered the applicant’s statement, his record ofservice, two Chronological Statements of Retirement Points and the total number ofcreditable years toward retirement credit.  The Board considered the applicant’saccounting of shortfalls in accumulating points as well as the review and conclusion ofthe Human Resources Command advising official.  The Board considered thedocuments provided by a congressional constituent liaison in a response to the advisoryopinion.  The Board noted that the applicant did have points in a number of years, but did not find sufficient evidence of an error to change the applicant’s record of creditable years for retirement.  Based on a preponderance of evidence, the Board determined that the denial of non-regular retirement pay was not in error or unjust.2.After reviewing the application and all supporting documents, the Board found thatrelief was not warranted.

BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

: : : 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. 



X 

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 (Retirement for Non-regular Service) implements statutoryauthorities governing the granting of retired pay for non-regular service to Army NationalGuard, Army National Guard of the United States or the USAR. To be eligible for retiredpay at or after the age of 60, an individual need not have a military status.  The personmust have completed a minimum of 20 years qualifying service.  If a person isdetermined to be physically unfit and has 15 years of qualifying service, and less than20 years, he or she could quality for an early retirement based on 15 years of service.

2.Title 10, U.S. Code, sections 12731 through 12739 authorizes retired pay forReserve Component military service.  Under this law, a Reserve Soldier must completea minimum of 20 qualifying years of service to be eligible for retired pay at age 60.  After1 July 1949, a qualifying year is one in which a Reserve Soldier earned 50 retirementpoints or more.  The term “good years” is an unofficial term used to mean years in which50 or more retirement points are earned during each year, and which count asqualifying years of service for retirement benefits at age 60.

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