ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 November 2019 DOCKET NUMBER: AR20170010917 APPLICANT REQUESTS: in effect, a non-regular retirement at age 60. 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) * ARPC Form 249-2-E (Chronological Statement of Retirement Points) 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 (ABCMR) 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 he drilled in the U.S. Army Reserve (USAR) in 1991, 1992, 1993, 1994, and 1995. 3. The applicant provided his: * DD Form 214, for the period from 19 April 1979 to 14 June 1983 * ARPC Form 249-2-E, dated 4 October 2002, showing his status as: * ENL (enlisted) RA (Regular Army ) from 30 June 1972 to 14 June 1983 * Break from 15 June 1983 to 4 March 1984 * ENL USAR from 5 March 1984 to 4 March 1996 * he completed 17 years, 11 months, and 16 days of qualifying service for retirement 4. Review of the applicant’s service records show: a. He enlisted in the RA on 30 June 1972. He reenlisted in the RA on 31 May 1974 and 18 April 1979. He was honorably discharged from active duty on 14 June 1983, by reason of expiration of term of service. His DD Form 214 shows he completed: * 4 years, 1 month, and 26 days of net active service this period * 6 years, 9 months, and 19 days of total prior active service b. He enlisted in the USAR on 1 March 1984. He reenlisted in the USAR on 10 March 1990, for 6 years. c. A DARP Form 249-2-E (Chronological Statement of Retirement Points), dated 10 August 1991, shows his status as: * ENL RA from 30 June 1972 to 14 June 1983 * Break from 15 June 1983 to 4 March 1984 * ENL USAR from 5 March 1984 to 4 March 1991 * he completed 15 years, 11 months, and 16 days of qualifying service for retirement d. A DARP Form 249-2-E, dated 7 June 1993, shows his status as: * ENL RA from 30 June 1972 to 14 June 1983 * Break from 15 June 1983 to 4 March 1984 * ENL USAR from 5 March 1984 to 4 March 1993 * he completed 17 years, 11 months, and 16 days of qualifying service for retirement e. A Checklist For Unsatisfactory Participation shows his unexcused absences as: * 12 and 13 June 1993 – 4 absences – letter mailed on 14 June 1993, signed receipt * 17 and 18 July 1993 – 4 absences – letter mailed on 18 July 1993, returned envelope * 9 and 10 April 1994 – 4 absences – letter mailed on 12 April 1994, returned envelope * Final letter mailed on 5 May 1994, returned envelope f. Orders Number 89-4, issued by Headquarters, 76th Division (Training), West Harford, CT on 1 July 1994, announced his release from the troop program unit and reassignment to the USAR Control Group, by reason of Unsatisfactory Participation, effective 1 July 1994. g. Orders Number D-03-627073, issued by the USAR Personnel Center on 12 March 1996, announced his honorable discharge from the USAR, effective the same date. The orders stated his discharge certificate and orders would be mailed to the last known address on 11 April 1996. h. He reached age 60 on XX March 2012. i. A DA Form 5016 (Chronological Statement of Retirement Points, dated 1 November 2019, shows his status as: * ENL RA from 30 June 1972 to 14 June 1983 * Break from 15 June 1983 to 4 March 1984 * ENL USAR from 5 March 1984 to 4 March 1996 * he completed 17 years, 11 months, and 16 days of qualifying service for retirement 5. By Title 10, USC, section 12731-12737, a Reserve Soldier must have completed a minimum of 20 qualifying years of service, to be creditable for non-regular retirement. 6. By Title 10, USC, section 12731a, service members who complete at least 15 but less than 20 years of qualifying service and are deemed excess to the needs of the service or are medically disqualified for retention are eligible to receive retired pay at age 60. The amount of retired pay is based on the total number of qualifying years of service at time of removal rather than the 20 years normally required. Only Soldiers who transfer to the Retired Reserve as a result of the medical disqualification are entitled to receive this benefit. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. Based upon the documentary evidence provided by the applicant and found within his military service record, the Board found insufficient evidence to show that he applicant qualified for retirement. The applicant must produce documentary evidence to show performance of service to qualify for retirement points. The Board wished to inform the applicant that if he can obtain justification for additional points that has not been provided before, he can address the issue with the U.S. Army Human Resources Command. 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 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 (AR) 135-180 (Qualifying Service for Retired Pay Non-Regular Service) states in paragraph 2-1 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 Component (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. 3. AR 140-10 (Army Reserve Assignments, Attachments, Details, and Transfers) sets forth the basic authority for the assignment, attachment, detail, and transfer of USAR Soldiers. Chapter 7 relates to the removal of Soldiers from an active status and states that Soldiers removed from an active status will be discharged or, if qualified and if they so request, will be transferred to the Retired Reserve. 4. Title 10, USC, section 12731, provides the legal age and service requirements for age and service for Reserve non-regular retirement. It states that a person is entitled, upon application to retired pay 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, under any other provision of law, to retired pay from an armed force or retainer pay as a member of the Fleet Reserve or the Fleet Marine Corps Reserve. 5. Title 10, USC, Section 12731a, enacted the early qualification for retired pay at age 60 to reduce the number of service members in certain grades who possess certain skills and for service members found medically disqualified for retention in the USAR on or after 5 October 1994. Under this provision, service members who complete at least 15 but less than 20 years of qualifying service and are deemed excess to the needs of the service or are medically disqualified for retention are eligible to receive retired pay at age 60. The amount of retired pay is based on the total number of qualifying years of service at time of removal rather than the 20 years normally required. Only Soldiers who transfer to the Retired Reserve as a result of the medical disqualification are entitled to receive this benefit. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20170010917 4 1