IN THE CASE OF:   
 
  BOARD DATE: 29 August 2023 
 
  DOCKET NUMBER: AR20230001022 
 
 
APPLICANT REQUESTS: in effect, correction of her records to show she has qualifying service for a reduced-age non-regular retirement.  
 
APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: 
 
• Online DD Form 149 (Application for Correction of Military Record) 

• Two DD Forms 214 (Certificate of Release or Discharge from Active Duty) 

• National Guard Bureau (NGB) Form 23A (Army National Guard (ARNG) Annual Statement) 

• Eight DA Forms 67-9 (Officer Evaluation Report) 

• Email correspondence 


 
FACTS: 
 
1.  The applicant states, in accordance with Army Regulation (AR) 600-8-7 (Retirement Services Program), paragraph 7-3 (Reduced Retirement Age), her retirement age should be reduced by 5 years and 3 months; this is based on qualifying active duty service she completed between January 2008 to May 2010 and June 2010 to September 2013.  
 
 a.  The applicant continues, while a member of the Ohio ARNG (OHARNG), orders mobilized her to manage the Secretary of Defense's Post-Deployment Health Re-Assessment Program (PDHRA) for the OHARNG; under the PDHRA, units were required to conduct periodic health screenings of all Veterans who had served in the Global War on Terrorism (GWOT).  
 
 b. Prior to retiring, the applicant asked the OHARNG Retirement Branch about reducing her retirement age, but they claimed her service did not qualify; subsequently, the NGB and the U.S. Army Human Resources Command (HRC) also stated she was ineligible. The applicant declares it is her strong belief that Congress created the Fiscal Year 2008 (FY2008) National Defense Authorization Act (NDAAA) for the benefit of all those who supported GWOT. She argues, while a PDHRA Case Manager/Program Manager, she proved herself to be an invaluable asset to the OHARNG and believes she earned the right to reduce her retirement age.  
 
2.  The applicant provides the following documents: 
 
 a.  DD Form 214, for the period 20 April 2006 through 19 May 2010; item 18 (Remarks) shows the applicant was ordered to active duty "in support of operations per (Title) 32 (National Guard), United States Code (USC), (section) 502 (Required Drills and Field Exercises) and DCSOPS (Deputy Chief of Staff for Operations and Plans)." 
 
 b.  DD Form 214, for the period 21 June 2010 through 30 September 2013; item 18 states, "Ordered to active duty on Title 32, (USC, section) 502 (f) in support of Presidential Declaration of Emergency on the Global War on Terrorism and Operations related to Homeland Security reporting, Administration, and Training of the National Guard."   
 
 c.  NGB Form 23A, dated 31 December 2015, which lists the applicant's dates of qualifying service and accrued retirement points; the document additionally notes changes in the applicant status, and, for the period 20060420 through 20120930, and again, from 20131010 to 20131231, it indicates the applicant was "B4" (ARNG Active Guard/Reserve (AGR) under Title 32, USC, State-Controlled). 
 
 d.  Eight DA Forms 67-9, addressing rating periods from 20050501 through 20130430; the report initially list the applicant's principal duty title as "Training Officer," but later show "Chief Case Manager." In addition, the reports highlight the applicant's role in performing/managing PDHRAs. 
 
 e.  Email correspondence, dated in March 2022, in which the NGB Retirement Services Noncommissioned Officer-in-Charge stated HRC had determined the applicant did not qualify for a reduced-age non-regular retirement.  
 
3.  A review of the applicant's service record reveals the following: 
 
 a.  On 23 September 1996, after completing over 8 years of enlisted service in the OHARNG and earning a State certification as a Registered Nurse, the applicant executed her oath of office as a commissioned officer in the OHARNG and Army of the Reserve. NGB Special Orders, dated 5 December 1996, Federally recognized the applicant's appointment. 
 
 b.  OHARNG Orders Number 107-127, dated 17 April 2006, ordered the applicant to active duty for training (ADT), for the period 20 April to 30 September 2006; the order's stated purpose was, "PDHRA Tracking Support," and the listed authority was,  
"Title 32 USC 502(f) and para 2-2c (Responsibilities – Chief, National Guard Bureau – National Advertising Publicity Items, Awareness, and Support), NGR (National Guard 
Regulation) 601-1 (ARNG Strength Maintenance Program)." The below-listed orders directed her continued active duty service through 19 May 2010: 
 
• OHARNG Orders Number 271-121, dated 28 September 2006, ordered to perform active duty for special work (ADSW) from 1 October to 31 December 2006; purpose: "PDHRA Tracking Support"; authority: "Title 32 USC 502(f) and para 2-2c, NGR 601-1" 

• No orders available for gap between 31 December 2006 and 11 February 2007 

• OHARNG Orders Number 039-266, dated 8 February 2007; ordered to ADSW from 11 February to 1 March 2007; purpose: "PDHRA Medical Case Management"; authority: "Title 32 USC 502(f) and para 2-2c, NGR 601-1" 

• No orders available for gap between 1 March and 30 September 2007 

• OHARNG Orders Number 257-017, dated 14 September 2007, ordered to ADT from 1 October 2007 to 30 September 2008; purpose: "PDHRA Program Manager"; authority: "Title 32 USC 502(f) and para 2-2c, NGR 601-1" 

• OHARNG Orders Number 275-015, dated 1 October 2008, ordered to ADT from 1 October 2008 to 31 January 2009; purpose: "ADOS (Active Duty Operational Support) in Support of Mobilizations/PDHRA-Nurse Case Mgr"; authority: "Title 32 USC 502(f) and para 2-2c, NGR 601-1" 

• OHARNG Orders Number 331-151, dated 26 November 2008; ordered to ADSW for period 1 December 2008 to 30 September 2009; purpose: "ADOS PDHRA Medical Case Management"; authority: "NGR 40-3 (Medical Care for Army National Guard Members)" 

• OHARNG Orders Number 274-049, dated 1 October 2009, ordered to Full-Time National Guard Duty – Operational Support (FTNGD-OS) from 1 October 2009 to 25 February 2010 for "PDHRA Tracking Support"; authority: "NGR 40-3 

• No orders available for gap between 25 February and 19 May 2010 


 
 c.  On 19 May 2010, the OHARNG honorably released the applicant from active duty, based on completion of required active service, and returned her to her OHARNG unit. Her DD Form 214 shows she completed 4 years and 1 month of net active duty; item 18 states she was ordered to active duty "in support of operations, per 32 USC 502 and DCSOPS." 
 
 d.  OHARNG Orders Number 057-165, dated 26 February 2010, ordered the applicant to FTNGD-OS for the period 21 June to 30 September 2010; the orders showed the purpose as "PDHRA" and NGR 40-3 was the authority. The following orders directed her continued active duty service through 30 September 2013: 
 
• OHARNG Orders Number 271-039, dated 28 September 2010, ordered to FTNGD-OS for the period 1 October 2010 to 30 September 2011; the purpose was "PDHRA" and the authority was NGR 40-3 

• OHARNG Orders Number 270-080, dated 27 September 2011, ordered to perform FTNGD-OS for the period 1 October 2011 to 30 September 2012; purpose: "OCO PDHRA"; comment: "This tour is a T32 FTNGD-OS, 502(f) (2)"; authority: NGR 40-3 

• OHARNG Orders Number 271-347, dated 27 September 2012, ordered to active duty for FTNGD-OS; purpose: "OCO PDHRA"; comment: "This tour is a T32 FTNGD-OS, 502(f) (2)"; authority: NGR 40-3  


 
 e.  On 30 September 2013, the OHARNG honorably released the applicant from active duty because she had completed her required active service; orders returned her to her OHARNG unit. The applicant's DD Form 214 states she completed 3 years, 3 months, and 10 days of net active duty; item 18 includes the following comment: "Ordered to active duty on Title 32 502(f) in support of Presidential Declaration of Emergency on the Global War on Terror and operations related to Homeland Security reporting, administration, and training in the National Guard." 
 
 f.  On 10 October 2013, based on amended OHARNG orders, the applicant entered active duty to perform FTNGD-OS. On 31 December 2013, the OHARNG released her from active duty; the OHARNG issued a DD Form 220 (Active Duty Report) reflecting her 83 days of active duty service. 
 
 g.  Effective 31 October 2015, the OHARNG honorably separated the applicant and transferred her to The Retired Reserve; her NGB 23A shows she completed 28 years and 5 days of creditable service for retired pay.  
 
 h.  On 28 July 2023, the NGB provided an advisory opinion and recommended disapproval of the applicant's request, citing Department of Defense Instruction (DODI) 1215.07 (Service Credit for Non-Regular Retirement). 
 
  (1)  "DoDI 1215.07 states that a Ready Reserve member who serves on active duty or full time National Guard duty, as defined in Section 101 (Definitions) of Title 10 (Armed Forces), USC, (and) under the limited circumstances specified in Paragraphs 3.5b (1) through 3.5b (3) (Reduced Eligibility Age for Receipt of Retired Pay for Non-Regular Service), after January 28, 2008, will have their eligibility age for receipt of retired pay reduced below 60 years of age by 3 months for each aggregate of 90 days for which the Service member serves on active duty or full-time National Guard duty in any fiscal year after January 28, 2008, or in any 2 consecutive fiscal years after September 30, 2014." 
 
  (2)  "A review of the Soldier's military records by the OHARNG and the Army National Guard Transition Office showed that the Soldier was on active-duty orders and that those orders were under Title 32, 502(f) for the purpose of homeland security reporting, administration, and training of the national guard, and not responding to a national emergency declared by the President or supported by federal funds as stipulated in DoDI 1215.07. Additionally, the Assistant Secretary of the Army, Manpower and Reserve Affairs (sic, should be Assistant Secretary of Defense for Manpower and Reserve Affairs (ASD (M&RA))) publishes annual guidance that shows which specific missions that are authorized for reduced age for 502(f)." "The Soldier failed to provide any proof -that she met the qualification for reduced-age retirement, in accordance with FY 2008 NDAA and DODI 1215.07." 
 
 i.  On 9 August 2023, the Army Review Boards Agency provided the applicant a copy of NGB's advisory for her review and comment. On 22 August 2023, the applicant responded with the following: 
 
  (1)  In a self-authored statement, the applicant expresses her disagreement with the advisory and restates her belief that, based on her service as a PDHRA Program Manager, she is entitled to a reduction in retirement age; she additionally amends the amount of time reduction to 5 years and 6 months, vice 5 years and 3 months.  
 
  (a)  In support of her claim, she cites the FY2008 NDAA and adds, "Included as qualifying 'active service' is service under 32 USC 502(f) purposes of responding to a national emergency declared by the President or supported by Federal funds. Both DoDI 1215.07 and AR 135-180 (Retirement for Non-Regular Service) specify that service under 32 USC 502(f) qualifies for reduced retirement."  
 
  (b)  The applicant maintains her orders and OERs confirm her call to active duty was authorized by a Presidential Declaration and supported by Federal funds. The PDHRA program "is directly related to the national emergency declared following the terrorist attacks, on 11 Sep 01," and her DD Forms 214 state she served 'in support of both the Presidential Declaration of Emergency on the Global War on Terrorism and operations related to homeland security an operations per 32 USC 502 and DSCOPS." 
 
  (c)  With regard to NGB's assertion that the applicant failed to meet DODI 1215.07 criteria, the applicant argues her service predated the DODI's implementation by 6 years, and, in any case, her orders were Federally funded. 
 
  (d)  The applicant concludes by stating, "I served with a USAR (U.S. Army Reserve) colleague performing the same mission during this time period who received credit for reduced retirement. Equity requires the Army to treat USAR and ARNG the same, especially when they perform the same duty/mission and Congress specified that my specific service qualifies under 32 USC 502(f) qualifies." "Congress’ intent for 
reduced retirement is illustrated by Sen. Saxby Chambliss – the author of the adopted provision – 2010 statement that his intent had been 'to reward reservists who were deploying or serving an active duty tour for a significant period of time.'" 
 
  (2)  With her response, the applicant resubmitted her OERs and included the OHARNG orders covering her periods of active duty service. Additionally, she offered a letter of support, written by Sergeant Major (SGM) (Retired) M__ O__.  
 
  (a)  The SGM wrote that he and the applicant were mobilized to support the Army's PDHRA program, and he became aware of the reduced age for retirement in 2017.  
 
  (b)  After submitting copies of his DD Form 214 to HRC, he learned he could reduce his retirement age to 57.25 years; he subsequently retired in 2018. The SGM adds an excerpt from a DFAS webpage describing the process for filing a retirement application.  
 
4.  DODI 1215.07 outlines the requirements to receive service credit for a non-regular retirement. 
 
 a.  Paragraph 3.5 (Reduced Eligibility Age for Receipt of Retired Pay for Non-Regular Service). Ready Reserve members who served on active duty or full-time National Guard duty after 28 January 2008, but before 30 September 2014, are eligible, within certain limits, to have their retirement eligibility age reduced by 3 months for each aggregate of 90 days of active duty or full-time National Guard duty in any fiscal year after 28 January 2008; (starting 30 September 2014, the 90-day aggregate stipulation no longer applied).  
 
 b.  With regard to service performed under Title 32, section 502 (f) (2), paragraph 3.5b (2) defines qualifying service as: "Full-time National Guard duty under a call to active service by a governor and authorized by the President or the Secretary of Defense in accordance with Section 502(f)(2) of Title 32, U.S.C., for the purpose of responding to either a national emergency declared by the President or a national emergency supported by Federal funds." 
 
 c.  Paragraph 3.5e states, "The ASD (M&RA) will designate, by authorizing memorandum, the full-time National Guard duty that qualifies for reducing the eligibility age for receipt of retired pay for non-regular service in accordance with Paragraph 3.5.b.(2)." 
 
5.  On 18 September 2015, the ASD (M&RA) issued a memorandum, subject: Full-Time National Guard Duty Qualifying for a Reduced Eligibility Age for Receipt of Retired Pay for Non-Regular Service. The memorandum stated the ASD (M&RA) had determined 
the below-listed events, which had taken place between 2008 and 2014, qualified for the reduction of eligibility age for non-regular retirement, when performed as FTNGD service under Title 32 USC, section 502(f): 
 
• 2008 State of the Union Address 

• 2008 Democratic National Convention 

• 2008 Republican National Convention 

• 2009 Presidential Inauguration 

• 2009 G-20 Economic Summit 

• 2011 Asia Pacific Economic Cooperation Summit 

• 2012 North Atlantic Treaty Organization Summit 

• 2012 Republican National Convention 

• 2012 Democratic National Convention 

• 2013 Presidential Inauguration 

• 2014 State of the Union Address 

• 2014 U.S – Africa Leaders' Summit 


 
6.  Assuming all of the applicant's active duty service from 29 January 2008 through December 2013 met the DODI 1215.07 criteria, she would be eligible to reduce her retirement age by 5.25 years: 
 
 

 
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. The applicant requests reduced age retirement based on the 2008 NDAA for FY 2008. She 
contends that she two periods of active-duty service dating from January 2008 thru May 2010, and from June 2010 thru September 2013 should qualify. The Board reviewed and agreed with the NGB’s advisory opinion that the applicant’s service records showed she was on active-duty orders and that those orders were under Title 32, 502(f) for the purpose of homeland security reporting, administration, and training of the national guard, and not responding to a national emergency declared by the President or supported by federal funds as stipulated in DoDI 1215.07. Additionally, ASA (M&RA) publishes annual guidance that shows which specific missions that are authorized for reduced age for 502(f). The applicant’s mobilization does not meet the criteria. Based on the evidence, the Board determined the applicant does not meet the qualification for reduced age retirement IAW the FY 2008 NDAA and DoDI 1215.07. 
 
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. 
 
  8/29/2023

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 32, section 502 (f) (2) states, "Training or duty ordered to be performed under paragraph (1) may include the following: 
 
 (A) Support of operations or missions undertaken by the member's unit at the request of the President or Secretary of Defense.  
 
 (B) Support of training operations and training missions assigned in whole or in part to the National Guard by the Secretary concerned, but only to the extent that such training missions and training operations- 
 
  (i) are performed in the United States or the Commonwealth of Puerto Rico or possessions of the United States; and  
 
  (ii) are only to instruct active duty military, foreign military (under the same authorities and restrictions applicable to active duty troops), Department of Defense contractor personnel, or Department of Defense civilian employees." 
 
2.  NDAA, FY2008 revised Title 10, USC, chapter 1223 (Retire Pay for Non-Regular Service), section 12731 (Age and Service Requirements) to allow Reserve Component Soldiers to reduce their retirement eligibility age from 60 to a lesser age (not earlier than age 50), based upon qualifying active duty service. The reduced retired pay age is calculated with qualifying service days completed on or after completed after 29 January 2008.  
 
 a.  Active duty, for the purposes of this provision, means service performed under the following sections of Title 10, USC: 
 
• 688 (Retired Members: Authority to Order to Active Duty; Duties), 

• 12301 (a) or 12301 (d) (Reserve Components, Generally) 

• 12302 (Ready Reserve) 

• 12304 (Selected Reserve and Certain Individual Ready Reserve Members; Order to Active Duty other than During War or National Emergency) 

• 12304 (b) (Support for Responses to Certain Emergencies), 12305 (Authority of President to Suspend Certain Laws Relating to Promotion, Retirement, and Separation) 

• 12406 National Guard in Federal Service: Call 

• Chapter 15 (Insurrection) 


 
 b.  Qualifying active duty under Title 32, USC, section 502: when called to active service by a governor and authorized by the President or the Secretary of Defense, or 
due to a Presidential Declaration of National Emergency or a national emergency supported by Federal funds. 
 
3.  DODI 1215.07 outlines the requirements to receive service credit for a non-regular retirement. 
 
 a.  Paragraph 3.5 (Reduced Eligibility Age for Receipt of Retired Pay for Non-Regular Service). Ready Reserve members who served on active duty or full-time National Guard duty after 28 January 2008, but before 30 September 2014, are eligible, within certain limits, to have their retirement eligibility age reduced by 3 months for each aggregate of 90 days of active duty or full-time National Guard duty in any fiscal year after 28 January 2008; (after 30 September 2014, the 90-day aggregate stipulation does not apply).  
 
 b.  With regard to service performed under Title 32, section 502 (f) (2), paragraph 3.5b (2) defines qualifying service as: "Full-time National Guard duty under a call to active service by a governor and authorized by the President or the Secretary of Defense in accordance with Section 502(f)(2) of Title 32, U.S.C., for the purpose of responding to either a national emergency declared by the President or a national emergency supported by Federal funds." 
 
 c.  Paragraph 3.5e states, "The ASD (M&RA) will designate, by authorizing memorandum, the full-time National Guard duty that qualifies for reducing the eligibility age for receipt of retired pay for non-regular service in accordance with Paragraph 3.5.b.(2)." 
 
4.  On 18 September 2015, the ASD (M&RA) issued a memorandum, subject: Full-Time National Guard Duty Qualifying for a Reduced Eligibility Age for Receipt of Retired Pay for Non-Regular Service. The memorandum stated the ASD (M&RA) had determined the below-listed events, which had taken place between 2008 and 2014, qualified for the reduction of eligibility age for non-regular retirement, when performed as FTNGD service under Title 32 USC, section 502(f): 
 
• 2008 State of the Union Address 

• 2008 Democratic National Convention 

• 2008 Republican National Convention 

• 2009 Presidential Inauguration 

• 2009 G-20 Economic Summit 

• 2011 Asia Pacific Economic Cooperation Summit 

• 2012 North Atlantic Treaty Organization Summit 

• 2012 Republican National Convention 

• 2012 Democratic National Convention 

• 2013 Presidential Inauguration 


• 2014 State of the Union Address 

• 2014 U.S – Africa Leaders' Summit 


 
//NOTHING FOLLOWS//