IN THE CASE OF:  
 
  BOARD DATE: 26 September 2023 
 
  DOCKET NUMBER: AR20220010657 
 
 
APPLICANT REQUESTS: correction of his retirement points and dates so he may be issued a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter).  
 
APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: 
 
DD Form 149 (Application for Correction of Military Record) 
 
FACTS: 
 
1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, 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 there is a discrepancy in the number of qualifying years of service for non-regular retirement. He is missing [qualifying] years and he cannot receive his 20-Year letter until his correspondence retirement points and dates are corrected. He has been waiting for 10 years trying to reach the correct facility.  
 
3.  Review of the applicant’s service records shows:  
 
 a.  The applicant was born on XX F__1949. He turned 60 in F___ 2009.  
 
 b.  He was inducted into the Army of the United States and entered active duty on 23 June 1969 and was honorably discharged on 23 June 1969. He then enlisted in the Regular Army on 24 June 1969.   
 
 c.  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 14 June 1972, after completing a total of 3 years, 9 months, and 11 days of active service.  
 
 d.  On 18 May 1973, he was reassigned from the U.S. Army Reserve Control Group (Reinforcement) to Company D, 841st Engineer Battalion, Miami, FL, a troop program unit of the U.S. Army Reserve.   
 e.  He enlisted in the U.S. Army Reserve on 3 September 1978, and reenlisted on 12 July 1981 for 6 years and 14 June 1987, also for 6 years.  
 
 f.  On an unknown date, he was reassigned from his troop program unit to the U.S. Army Reserve Control Group (Reinforcement). 
 
 g.  On 9 April 1996, the U.S. Army Reserve Personnel Center, St. Louis, MO published Order D-04-634052 honorably discharging him from the U.S. Army Reserve  Control Group (Reinforcement), effective 9 April 1996 in accordance with Army Regulation (AR) 135-178 (Enlisted Administrative Separations).  
 
 h.  The only DARP Form 249 (Chronological Statement of Retirement Points) available in his service record is one dated 13 November 1989 and reflects completion of 18 years, 11 months, and 22 days of qualifying service towards non-regular retirement.  
 
4.  The applicant does not state what year (or years) is missing points. Likewise, he does not provide the supporting evidence of missing retirement points.  
 
5.  In January 2022, he emailed the U.S. Army Human Resources Command inquiring about the status of his retirement.  
 
6.  In April 2022, the U.S. Army Human Resources Command responded to his inquiry in reference to Retirement and indicated they have no record of a retirement application on his behalf. 
 
BOARD DISCUSSION: 
 
After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. By law and regulation, RC members are required to complete 20 years of qualifying service in order to be eligible for non-regular retirement. A qualifying year of service for nonregular retired pay is a full year during which a Reserve member is credited with a minimum of 50 retirement points. The applicant served on active duty and in the Selected Reserve. The only Chronological Statement of Retirement Points available in his service record is one dated 13 November 1989 and reflects completion of 18 years, 11 months, and 22 days of qualifying service towards non-regular retirement. Since the applicant did not complete 20 qualifying years, he was, and continues to be, ineligible for the issuance of a 20-Year Letter. If the applicant can show what year (or years) is missing points and provide the supporting evidence of missing retirement points, he may resubmit his request to this Board for reconsideration.  
 
BOARD VOTE: 
 
Mbr 1 Mbr 2 Mbr 3 
 
: : : GRANT FULL RELIEF 
 
: : : GRANT PARTIAL RELIEF 
 
: : : GRANT FORMAL HEARING 
 
xx: xx: xx: 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. 
 
  9/26/2023

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, U.S. Code, 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.  Title 10, U.S. Code, sections 12731 through 12740 authorize retired pay for Reserve component military service.  Under this law, a Reserve Soldier must complete a minimum of 20 qualifying years of service to be eligible for retired pay at age 60.  Section 12731 states a person is entitled, upon application, to retired pay computed under section 12739 of this title, if the person has attained the eligibility age applicable under the appropriate subsection and has performed at least 20 years of service computed under section 12732 of this title.  
 
3.  Army Regulation 135-180 (Retirement for Non-Regular Service) prescribes policies and procedures governing non-regular retirement. 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 (RC) or individuals in active 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. 
 
4.  Army Regulation 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Record) sets responsibilities and procedures to retirement records prescribing the types of training and activities for which retirement points are authorized.  The criteria for establishing the service requirement for a satisfactory year of service for non-regular retirement per DODI 1215.07 and changing the anniversary year ending date are as follows:   
 
 a.  The full-year periods used for the crediting of qualifying years for non-regular retirement must be based on the anniversary years. Anniversary year periods are calculated from an anniversary date. The anniversary date is the date the service member entered into active service or active status in a RC. 
 
 b.  The month and day for each successive anniversary year will not be adjusted unless the service member has a break in service. A break in service occurs only when a member transfers to an inactive status list, the inactive National Guard, a temporary disability retired list, the Retired Reserve, or is discharged for longer than 24 hours.  There will not be a break in service if the service member transfers directly to another active component or RC. When a service member with a break in service returns to an 
active Reserve status or to active service, the revised anniversary year start date will be the date of return or reentry.  
 
//NOTHING FOLLOWS//