ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 23 August 2019 DOCKET NUMBER: AR20180013679 APPLICANT REQUESTS: Correction of her record to show she completed 20 years of qualifying service for issuance of a 20-Year Letter to qualify for a non-regular retirement. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 149 Addendum * DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 9 December 1981 * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), dated 15 May 1991 * Memorandum, Subject: Extension Beyond Maximum Years of Age for the applicant, dated 15 November 2017 * DA Form 5016 (Chronological Statement of Retirement points), dated 2 July 2018 * Orders Number 18-191-00001, dated 10 July 2018 * Marriage Certificate * DD Form 2 (United States Uniformed Services Identification Card) * Email correspondence FACTS: 1. The applicant states in pertinent part: * In May 2017 she met with her unit administrator to begin the process of gathering her retirement packet, in which she was informed she was 13 days short of 20 years * she was told at her unit she would have to extend for one year to get the 13 days and receive a 20-Year Letter, and her retirement year ending would be May 2019 to reflect 20 years, 11 months, and 17 days * the paperwork was completed for approval of a one year extension, but since she would be turning 60 years of age in March 2018 she needed approval from higher headquarters * in November 2017, she received a call from Mr. D- H- who told her she did not have to extend for one year and that she qualified for sanctuary which allowed her to just do the necessary time needed for 20 years * two weeks later, Mr. D- H- called and informed her he verified her situation with the U.S. Army Human Resources Command (HRC) and was told everything was a go for her not to extend for one year, and his coworker Ms. R- S- would send a memorandum to the unit indicating her transfer to the Retired Reserve * Mr. D- H- told her the memorandum would be in lieu of the 20-Year Letter and HRC would run an updated DA Form 5016 reflecting 20 years of service; he would not be able to run a DA Form 5016 for inclusion in her retirement packet * her unit received the extension memorandum and the retention noncommissioned officer extended her to 31 July 2018 * early 2018 she prepared her retirement packet and submitted it for approval, and by mid July 2018 she had not received retirement orders, so she contacted Mr. D- H- who told her he cut the retirement orders personally and he emailed them to her * on 3 October 2018, she received a call from Ms. T- K- from HRC who told her she would not be able to retire because her DA Form 5016 did not reflect 20 years of service 2. A review of the applicant’s service records show the following on: * 11 May 2009 – having had prior enlisted service in the Regular Army and the Air National Guard, the applicant enlisted in the U.S. Army Reserve (USAR) and served in various assignments * the applicant’s records contain a DA Form 5016 showing she had 19 years, 11 months, and 17 days of qualifying service for retirement * the applicant’s records are void of a 20-Year Letter indicating she met the requirements for retired pay at age 60 3. The applicant provides: * NGB Form 22 showing her service in the Air National Guard and at the time she had 11 years, 9 months, and 14 days of total service for pay * Memorandum, Subject: Extension Beyond Maximum Years of Age for the applicant showing the applicant was granted an extension to earn 20 qualifying years of service for a non-regular retired pay * Orders Number 18-191-00001 showing she was assigned to the Retired Reserve by reason of obtaining maximum age * Marriage Certificate showing at the time of marriage she was 59 years of age * retiree identification card issued to the applicant * email correspondence between applicant, Mr. D- H-, Sergeant First Class T-P- and Ms. T- K- 4. Army Regulation (AR) 135-180 (Army National Guard and Army Reserve Retirement for Non-Regular Service) states: a. Paragraph 2-1, to be eligible for retired pay, an individual need not have a military status at the time of application, but must have * attained age 60 * a minimum of 20 years of qualifying service computed under Title 10, USC, section 12732; or b. For Soldiers who completed the years of qualifying service on or after 5 October 1994, but before 25 April 2005, the last 6 years of qualifying service must have been in a component other than a regular component. c. Paragraph 2-4 Under 10 USC 12731 states RC Soldiers who complete the eligibility requirements in section I will be notified in writing within 1 year after completion of the required service. The Notification of Eligibility for Retired Pay at Age 60 (20 Year Letter) will be issued to Soldiers credited with 20 years of qualifying service and should be issued prior to discharge or transfer to the Retired Reserve. The 20-Year Letter will be issued by HRC for all USAR Soldiers. d. Paragraph 4-3 defines qualifying service and states, in pertinent part, that a Reserve component Soldier must earn a minimum of 50 retirement points each retirement year to have that year credited as qualifying service. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, her record of service, the memorandum to retain her in an active Reserve Status to attain 20 qualifying rears for non-regular retired pay, her DA 5016 statements, the effective date of her orders and her Reserve Retired Identification Card. The Board determined, based on a preponderance of evidence, that the applicant was continued in her Reserve Status and attained the required number of years for non-regular retirement. She should therefore be issued a 20-year letter stating her eligibility for retired pay at age 60. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: - Amending the applicant’s DA Form 5016 dated 19 August 2019 to reflect in column 9 (Qualifying for Retirement YRS-MO-DAYS): 00-00-13 for the period 20180511 to 20180731; and 20-00-00 in the TOTAL row, and; - Issuing her a Notification of Eligibility for Retired Pay at Age 60 (20 Year Letter) effective prior to her transfer to the Retired Reserve on 31 July 2018. 10/11/2019 X CHAIRPERSON 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCE: AR 135-180 (Army National Guard and Army Reserve Retirement for Non-Regular Service) states: a. Paragraph 2-1, to be eligible for retired pay, an individual need not have a military status at the time of application, but must have * attained age 60 * a minimum of 20 years of qualifying service computed under Title 10, USC, section 12732; or b. For Soldiers who completed the years of qualifying service on or after 5 October 1994, but before 25 April 2005, the last 6 years of qualifying service must have been in a component other than a regular component. c. Paragraph 2-4 Under 10 USC 12731a RC Soldiers who complete the eligibility requirements in section I will be notified in writing within 1 year after completion of the required service. The Notification of Eligibility for Retired Pay at Age 60 (20 Year Letter) will be issued to Soldiers credited with 20 years of qualifying service and should be issued prior to discharge or transfer to the Retired Reserve. The 20-Year Letter will be issued by HRC for all USAR Soldiers. d. Paragraph 4-3 defines qualifying service and states, in pertinent part, that a Reserve component Soldier must earn a minimum of 50 retirement points each retirement year to have that year credited as qualifying service.