ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  27 June 2019

	DOCKET NUMBER:  AR20180016600


APPLICANT REQUESTS:  in effect, correction of his record to show he completed 20 
years of creditable service for pay, issuance of a 20-year letter, and entitlement to 
retired pay at age 60.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	a self-authored statement
*	a letter
*	DD Form 108 (Application for Retired Pay Benefits)
*	DD Form 2656 (Data for Payment of Retired Personnel)
*	Standard Form 1199A (Direct Deposit Sign-Up Form)
*	DA Form 5016 (Chronological Statement of Retirement Points)
*	Orders 16-17
*	Orders # C-07-922472
*	Navy Personnel Command Form (NAVPERS) 601-14 (Record of Discharge, 
Release from Active Duty, or Death)
*	NAVPERS 1000 (Worksheet for Authorizing Transfer to Fleet Reserve)
*	NAVPERS 601 (Record of Naval Reserve Service)
*	4 DD Forms 214 (Armed Forces of the United States Report of Transfer or 
Discharge)

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:

     a.  He is a 77 year old, 50 percent disabled veteran who obtained 6887 creditable 
retirement points.  After applying for retirement pay, he was informed he did not qualify 
because the last 8 years of his service was not in a component other than a regular 
component, the Fleet Reserve, or the Fleet Marine Corps Reserve.  
     
     b.  He claims he was unaware of the requirement to serve 8 years the Reserve 
component in order to qualify for U.S. Army Reserve (USAR) retired pay at age 60.   

3.  Evidence contained in the applicant's Official Military Personnel File shows he 
served in the:

*	U.S. Naval Reserve (USNR) from 20 May 1958 to 11 May 1964
*	U.S. Navy from 12 May 1964 to 8 December 1978
*	U.S. Army Reserve (USAR) from 23 September 1983 to 30 July 1987

4.  Orders # C-07-922472, issued by the U.S. Army Reserve Personnel Center 
(Currently the Army Human Resources Command), on 30 July 1987, released him from 
the USAR control group reinforcement, by reason of completion of 20 or more years in 
the Reserves, and assigned him to the USAR Control Group (Retired) effective 30 July 
1987.

5.  There is no evidence the U.S. Army Human Resources Command (USAHRC) issued 
him a 20-Year Letter.  This letter would have informed him that he had completed the 
required years of qualifying service and would have been eligible for retired pay upon 
application at age 60.  

6.  In a letter to the applicant dated 20 July 2018, the Chief, Reserve Component 
Retirements Branch, (USAHRC) responded to the applicant's application for retired pay 
benefits by noting:

     a.  An audit of his records show he completed 21 years, 6 months and 19 days of 
qualifying service for retirement; however, he did not have 8 years of qualifying service 
in a component other than a regular component, Fleet Reserve or Fleet Marine Corps 
Reserves.  Therefore, he was ineligible to receive retired pay.

     b.  To be eligible for retired pay at age 60, under Title 10, United States Code, 
Sections 12731-12737, a Reserve Soldier must have completed a minimum of 20 
qualifying years of service, to be creditable for retirement.  In accordance with Army 
Regulation 135-180 (Qualifying Service for Retired Pay Non-Regular Service), 
paragraph 2-3, additional Reserve Component service requirements – Soldiers 
completing the 20 qualifying years of service before 5 October 1994, the last 8 years of 
qualifying service must have been in a component other than a regular component, the 
Fleet Reserve, or the Fleet Marine Corps Reserves.

7.  The governing regulation states for Soldiers completing the 20 qualifying years of 
service before 5 October 1994, the last 8 years of qualifying service must have been in 
a component other than a regular component, the Fleet Reserve, or the Fleet Marine 
Corps Reserves.

8.  The applicant's DA Form 5016, dated 28 June 2018 shows that he served on active 
duty in the his U.S. Navy (USN), and aside from this service in a regular component, he 
completed a total of seven years creditable towards a reserve retirement (meaning over 
50 points).  

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents, 
evidence in the records and the advisory opinion.  The Board discussed the applicant’s 
statement, his service with the US Navy, USNR and the USAR, the letter from the 
ARPERCEN Commanding General and the conclusion of the advising official.  
Unfortunately, because the applicant did not meet the qualifying requirement for 8 years 
of qualifying service in a component other than a regular component, the Fleet Reserve, 
or the Fleet Marine Corps Reserves, the Board found insufficient evidence to grant 
relief.


2.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.
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.


ADMINISTRATIVE NOTE(S):

Not Applicable



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, paragraph 2-3, additional Reserve Component service 
requirements – Soldiers completing the 20 qualifying years of service before 5 October 
1994, the last 8 years of qualifying service must have been in a component other than a 
regular component, the Fleet Reserve, or the Fleet Marine Corps Reserves.
 

ABCMR Record of Proceedings (cont)	 AR20180016600

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