IN THE CASE OF: BOARD DATE: 16 August 2021 DOCKET NUMBER: AR20210005195 APPLICANT REQUESTS: issuance of his Notification of Eligibility (NOE) for retired pay at age 60 (20-Year Letter). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record). 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 in effect, that he was never counseled before he was discharged from the Army National Guard (ARNG) that he was not eligible for retired pay. He believes that he should be eligible for retirement as he served honorably from 1979 through 2004. He requests that he be issued his NOE 20-year letter so he can be eligible to collect his retirement pay. 3. A review of the applicant's service record shows: a. DD Form 214 (Certificate of Release or Discharge from Active Duty) for service ending 24 July 1983, shows that the applicant enlisted in the U.S. Navy (USN) on 25 January 1979. He was honorably discharged from active duty on 24 July 1983 after he completed 4-years and 6-months for active service. b. DA Form 2-1 (Personnel Qualification Record) shows he served: * USN for the period of 25 January 1979 through 24 July 1983 * U.S. Air Force Reserve (USAFR) for the period of 8 May 1985 through 19 May 1987 * ARNG for the period of 20 January 1988 through 9 January 1996 * ARNG for the period of 29 March 1996 through 26 January 1998 c. DD Form 256 (Honorable Discharge certificate) shows the applicant was honorably discharged from the U.S. Air Force (USAF) on 7 May 1987. d. The applicant enlisted in the ARNG on 27 January 1998. e. The applicant extended his enlistment in the ARNG on 13 January 2004. f. The applicant was honorably discharged from the ARNG on 26 July 2004. National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows that the applicant completed 6-years and 6-months of service. Block 10 (Record of Service) shows: * a (Net Service This Period): 6-years and 6-months * b (Prior Reserve Component Service): 10-years, 11-months, and 20-days * c (Prior Active Federal Service): 4-years and 6-months * d (Total Service for Pay): 21-years, 11-months, and 20-days * e (Total Service for Retired Pay): 19-years, 5-months, and 20-days g. NGB Form 23B (ARNG Retirement Points History Statement) shows that the applicant completed 19-years, 5-months, and 20-days of creditable service for retired pay. 4. On 11 June 2021, ARBA Case Management Division requested an advisory opinion from the National Guard Bureau to be discussed during the proceedings of the Board. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief was warranted. 2. The Board carefully considered the applicant's request and supporting documentation. Based on the documentation available for review, to include the applicant’s NGB Form 23, the Board found sufficient evidence that the applicant has met the qualifications for retirement for points earned and age from the Army National Guard (ARNG) and that he should be issued his Notification of Eligibility (NOE) for retired pay at age 60 (20-Year Letter). BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XX :XX :XX GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: After reviewing the application and all supporting documents, the Board found that relief was warranted. The Board carefully considered the applicant’s request, supporting documents, and evidence in the records. The Board found that in accordance with National Guard Regulation (NGR) 600-200 (Enlisted Personnel Management System), in effect at the time, the applicant has meet requirements for retirement and that the National Guard Bureau should issue the applicant a notification letter of eligibility for retired pay at age 60 (20-year letter). 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 3-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 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. National Guard Regulation (NGR) 600-200 (Enlisted Personnel Management System), in effect at the time, establishes standards, policies, and procedures for the management of ARNG enlisted Soldiers in the functional areas of: accession and retention, civilian acquired skills, initial active duty for training and voluntary active duty, personnel management, promotion, appointment, and reduction, extensions, bars to reenlistment, immediate reenlistment and extension, and discharge. Paragraph 8-27e (2) v, discharge and transferred to the USAR Control Group (Retired Reserve, Soldiers with notification letters of eligibility for retired pay at age 60 (20-year letters) will be transferred to the USAR Control Group (Retired Reserve) unless they specifically request in writing to be discharged for both State and Reserve of the Army status. 3. Army Regulation (AR) 135-180 (Qualifying Service for Retired Pay Non-Regular Service), in effect at the time, implements statutory authorities governing the granting of "retired pay" to Soldiers and former Reserve Components Soldiers. a. Paragraph 2–1 (Eligibility), 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, completed a minimum of 20 years of qualifying service, served the last 8 years of his or her qualifying service as a Reserve component soldier. Service in the Army of the United States, without specification of component, is deemed to be service in a Reserve component. Service performed concurrently in a Reserve component and the Regular Army, Navy, Air Force, Marine Corps, or Coast Guard is not creditable as service in a Reserve component for determining this period. The last 8 years of qualifying service need not be the last 8 years of military service, nor do they have to be continuous. b. Paragraph 2–3 (Notification of retired pay eligibility), under section 1331(d) of Title 10, USC, each Reserve Components Soldier who completes the service required under paragraph 2–1 to be eligible for retired pay at age 60 under this regulation will be notified in writing within 1 year after he or she has completed that service. This notification will be issued by the CG, ARPERCEN, or Chief, NGB, as applicable, at the time 20 satisfactory years of service is completed. (See paragraph 3–5a for notification responsibilities.) The notification will be issued to those individuals credited with 20- years of qualifying service prior to discharge or transfer to the Retired Reserve. In instances where qualified Soldiers have been discharged or transferred to the Retired Reserve prior to issuance of the letter of notification, the responsible authority indicated below that had jurisdiction during the individual's last period of service in an active status, will issue the notification letter. c. Paragraph 2-8 (Service creditable as qualifying service), b. After 30 June 1949, a reservist must earn a minimum of 50 retirement points each retirement year to have that year credited as qualifying service. Only Soldiers assigned to an active status in a Reserve Component or individuals inactive Federal service are authorized to earn retirement point credits. When a person is in an active status for a period less than a full retirement year, a minimum number of retirement points are required to be earned in order to have that period credited as qualifying service. AR 140–185 and NGR 640–1 contain tables which specify the number of points required for this purpose, and detailed information concerning establishment of the retirement year and the crediting, recording, and earning of retirement points. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210005195 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1