IN THE CASE OF: BOARD DATE: 17 February 2023 DOCKET NUMBER: AR20220007939 APPLICANT REQUESTS: pay and entitlements associated with Reduced Age Retirement (36-month drop). APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Retirement Pay information * DD Form 108 (Application for Retired Pay Benefits), 21 July 2021 * DA Form 5016 (Chronological Statement of Retirement Points), 20 July 2021 * DD Form 214 (Certificate of Release or Discharge from Active Duty) * DD Form 215 (Correction to DD Form 214), 16 September 2013 * Memorandum – Subject: Notification of Eligibility for Retired Pay at Non-Regular Retirement (20-Year letter), 29 July 2021 * Orders Number 21-341-00008, 7 December 2021 * Orders Number HO-332-0063, 27 November 2012 * Orders Number BL-130-0027, 9 May 2016 * Orders Number UB-056-0001, 25 February 2019 * SF 1199A (Direct Deposit Sign-Up Form), 21 July 2021 * Drop Calculation Spreadsheet * DD Form 2656 (Date for Payment of Retired Personnel), 18 August 2021 FACTS: 1. The applicant states in pertinent part that she obtained information provided by the U.S. Army Human Resources Command (HRC) reflective of her eligibility for receipt of retired pay based upon the 36-month drop. However, when she retired, an associated order was generated but a gray area retirement order was not. She was advised that in order to receive her retired pay prior to reaching age 60, she would need to request relief through this Board. 2. A review of the applicant's available service records reflects the following: a. After serving in the U.S. Air Force Reserve, on 8 July 2013, the applicant enlisted in the U.S. Army Reserve (USAR). b. On 15 October 2012, the applicant was ordered to active duty in support of Operation Enduring Freedom (OEF) in accordance with (IAW) Title 10, United States Code (USC), section 12302. c. On 22 October 2013, the applicant was released from active duty. DD Form 214 item 12c. (Net Active Service this Period) reflects: 1 year and 8 days. d. On 3 May 2016, the applicant was ordered to active duty in support of OEF IAW Title 10, USC, section 12302. e. On 3 June 2017, the applicant was released from active duty. DD Form 214 item 12c. reflects: 1 year, 1 month, and 1 day. f. On 3 March 2019, the applicant was ordered to active duty in support of OEF IAW Title 10, USC, section 12302. g. On 6 June 2020, the applicant was released from active duty. She completed 1 year, 3 months, and 4 days with 2 years, 3 months, and 27 days of prior active service and 17 years, 4 months, and 27 days of prior active service. h. On 29 July 2021, the applicant was issued her 20-Year letter. i. On 7 December 2021, Headquarters, 99th Readiness Division (USAR) issued Orders Number 21-341-00008 reassigning the applicant to the Retired Reserve, effective 15 January 2022. 3. The applicant provides the following a: a. Retirement Pay information reflective of the Reduced Age Retirement qualification requirements. The applicant directs attention to qualifying service completed after 28 January 2008, "each day on active duty could count toward a reduction in retirement age…days are credited in aggregates of 90 days only within the Fiscal Year (FY)." b. DD Form 108 dated 21 July 2021 (blank document) reflective of the applicant's submission of her DA Form 5016 as supporting documentation to her request for retirement. c. DA Form 5016 dated 20 July 2021 reflective of the applicant's performance of qualifying service towards retirement. d. DD Form 215 dated 16 September 2013, reflective of the applicant's DD Form 214 for the period ending on 22 October 2013 being corrected to reflect "Years of Commitment (6) – Yes." e. Orders Number HO-332-0063 dated 27 November 2012, reflective of the applicant being deployed to Afghanistan in a Temporary Change of Station (TCS) status in support of OEF for a period not to exceed 352 days with a will proceed date of 3 December 2012. f. Orders Number BL-130-0027 dated 9 May 2016 reflective of the applicant being deployed to Kuwait in a TCS status in support of OEF for a period not to exceed 390 days with a will proceed date of 13 May 2016. g. Orders Number UB-056-0001 dated 25 February 2019, reflective of the applicant being ordered to active duty in support of OEF for 383 days with a 3 March 2019 report date IAW Title 10, USC, Section 12302. h. SF 1199A dated 21 July 2021, reflective of the applicant's account information to be utilized when payment is processed. i. Drop Calculation Spreadsheet, reflective of the applicant's input of qualifying active duty service performed between January 2008 and June 2020. The applicant indicates that she has completed 36 months of qualifying service during this period. j. DD Form 2656 dated 18 August 2021, reflective of information provided to establish the applicant's retired pay account. 4. On 17 November 2022, the HRC, Chief, Operations and Readiness Division provided an advisory opinion noting that the applicant transferred to the Gray Area 59 days prior to her 60th birthdate. She did not have at least 90 days from age 60 to reduce her retirement age. Upon her transfer, she had 20 years of credible service and an amended transfer order into the Gray Area would deduct her credible service to less than 20 years and she would lose points and pay for duties performed during that time period. Therefore, it is the opinion of the HRC that amending her Retired Reserve order would negatively affect her retired pay and benefits. 5. On 9 December 2022, the applicant was provided with a copy of the advisory opinion and afforded 15 days to provide comments. As of 15 February 2023, the applicant had not responded. ? 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 Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition, available military records and Human Resources Command (HRC), Chief, Operations and Readiness Division advisory opinion, the Board concurred with the advising official finding that amending her Retired Reserve order would negatively affect her retired pay and benefits. The Board determined, based on the applicant’s record, she was transferred to the Gray Area 59 days prior to her 60th birthdate. She did not have at least 90 days from age 60 to reduce her retirement age. Furthermore, upon her transfer, she had 20 years of credible service and an amended transfer order into the Gray Area would deduct her credible service to less than 20 years and she would lose points and pay for duties performed during that time period. Based on the advising official and evidence in the applicant’ service record, the Board denied relief. 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. REFERENCE: National Defense Authorization Act (NDAA) Fiscal Year 2008 reduces the retirement age for Reserve Component (RC) Soldiers from 60 to a lesser age, but not below age 50 for those who have served on Active Duty (AD) in an eligible status after 28 January 2008. For qualifying service after 28 January 20008, each day an Active Duty tour could count toward a reduction in retirement age. However, even though each day counts, days are credited in aggregates of 90 days only within the Fiscal Year. A day of duty will be included in only one aggregate of 90 days. After 10 Sep 14, the NDAA has specified that service rendered either in support of contingency operations under a provision of law specified in Section 101(a)(13)(B) of reference (c), or an order to active duty pursuant to Section 12301(d) of reference (c), may now cross into consecutive fiscal years. Active Duty for this purpose, means service in accordance with a call, or order to AD and performed under one or more of the following: Section 688, 12301 (a), 12302, 12304, 12305, 12406, and chapter 15 (insurrection), or under section 12301 (d) of Title 10 USC. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220007939 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1