IN THE CASE OF: 

		BOARD DATE: 21 Marc 2023

		DOCKET NUMBER: AR20220007465


APPLICANT REQUESTS:  issued of 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)
*	Statement
*	Retired Reserve Orders, 20 September 1999
*	Army National Guard Current Annual Statement
*	NGB Form 22 (Report of Separation and Record of Service), 20 September 1999

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 he wants the Board to direct the Michigan Army National Guard 
(MIARNG) to issue him a ''Twenty Year Letter''. The MIARNG does not have a copy on 
fila. He cannot apply for retirement pay or benefits for himself and his family without this 
''Twenty Year Letter''. He has included all documents that he has to support his case 
about the injustice of not receiving one at the time of his honorable discharge from the 
MIARNG. He was also hoping for a sympathetic ear since he turned 60 on and was told 
that this review board can take up to 2 years to make a decision. He believes his case 
for not receiving his ''Twenty Year Letter'' is very straight forward in that it would not 
take allot of research to verify his claim.

3.  The applicant’s ARNG service records are not available for review. An exhaustive 
search was conducted to locate the service records, but they could not be found. The 
only documents available were the documents provided by the applicant. These 
documents are sufficient for the Board to conduct a fair and impartial review of this 
case.

4.  The applicant’s available records show he was born on 

5.  He enlisted in the Regular Army on 17 August 1979, and he was release from active 
duty on 16 August 1983, having completed 4 years of active service. 

6.  He enlisted in the MIARNG on 2 September 1983, served through multiple 
extensions, and he was promoted to staff sergeant (SSG)/E-6 on 28 October 1989.

7.  On 5 October 1999, MIARNG published Orders 278-019 honorably discharging him 
from the ARNG on 20 September 1999 and transferring him to the Retired Reserve. 

8.  He was honorably discharged from the ARNG on 20 September 1999. His NGB 
Form 22 (Report of Separation and Record of Service) shows he completed 16 years 
and 19 days of ARNG service, and he has 4 years of prior active service. 

9.  His ARNG Current Annual Statement shows he completed 20 years, 1 month, and 4 
days of qualifying service towards non-regular retirement. 

10.  There is no evidence the applicant was issue a 20-Year Letter. 

11.  The applicant turned 60 years of age on . There is no evidence he applied for 
retired pay at the U.S. Army Human Resources Command. 

BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that relief was warranted. The applicant’s 
contentions, the military record, and regulatory guidance were carefully considered. 

	a.  By law and regulation, Reserve Component members are required to complete 
20 years of qualifying service in order to be eligible for non-regular retired pay. A 
qualifying year of service for non-regular retired pay is a full retirement year during 
which a Regular or Reserve member is credited with a minimum of 50 retirement points. 
The evidence of record shows the applicant completed 4 years of active service and 
then served in the ARNG from 2 September 1983 to 20 September 1999. He was 
transferred to the Retired Reserve with 20 years, 1 month, and 4 days of qualifying 
service towards non-regular retirement. It is unclear why the MIARNG did not issue him 
a 20-Year letter. The Board determined he met the statutory and regulatory criteria for 
issuance of such letter. The Board also determined he should be allowed to make an 
SBP election in connection with the issuance of his 20-Year letter.

	b.  A Survivor Benefit Plan (SBP) election must be made prior to the effective date of 
retirement or the SBP will, by law, default to automatic SBP spouse coverage (if 
married), unless he takes action to decline with spouse concurrence. This correction of 
records may have an effect on the applicant’s SBP status/coverage. The applicant is 
advised to contact his nearest Retirement Services Officer (RSO) for information and 
assistance immediately.  

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 and Army National Guard records of the individual concerned be corrected by 
issuing the applicant Notification of Eligibility or 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, 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. 

2.  Department of Defense Instruction 1215.7 (Service Credit for Reserve Retirement), 
paragraph 6.1.5.2. states that when, as a result of a break-in-service, a partial year 
occurs, the Service member must meet the minimum retirement point requirement set 
out in this Instruction for the member's service to be credited as a partial year towards a 
qualifying year.  A partial qualifying year is any period less than 12 full months in which 
the retirement points credited to a member, when computed proportionally, are equal to 
or greater than 50 points.  

3.  Public Law 95-397, the Reserve Component Survivor Benefit Plan (RCSBP), 
enacted 30 September 1978, provided a way for those who had qualified for reserve 
retirement but were not yet age 60 to provide an annuity for their survivors should they 
die before reaching age 60.  Three options are available:

*	Option A, elect to decline enrollment and choose at age 60 whether to start SBP 
participation
*	Option B, elect that a beneficiary receive an annuity if they die before age 60 but 
delay payment of it until the date of the member’s 60th birthday
*	Option C, elect that a beneficiary receive an annuity immediately upon their 
death if before age 60; If death occurs before age 60, the RCSBP costs for 
options B and C are deducted from the annuity.  

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220007465


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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