IN THE CASE OF: BOARD DATE: 15 November 2023 DOCKET NUMBER: AR20230004398 APPLICANT REQUESTS: * reconsideration of her prior request for, in effect, eligibility to non-regular retirement and transfer to the Retired Reserve * personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * self-authored statement * Honorable Discharge Certificate FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20190013480 on 11 May 2021. 2. The applicant states: a. She served in the U.S. Army since age 17, right out of high school, which required her parents’ signatures to enlist. She served for 12 years and is the first- generation African American female in her family to enlist. She did her time without receiving all benefits due to her, such as access to base, the Class Six store, commissary, and Department of Veterans Affairs (VA) entitlements that non-serving spouses, parents, and children have. They have never served but receive all the benefits she has been denied and are due to her. b. Due to her faithful 12 years of service beginning at the age of 17, whether it be peacetime or wartime, she is a veteran who duly served. Due to the lack of appropriate discharge and briefing regarding benefits, she had no knowledge and requests her certificate be upgraded from honorable discharged veteran to honorable retired veteran, to enable her the compensation rightfully due to her. c. She is a kindergarten – 12th grade educator in the public school system with a concentration in behavior intervention, special education, leadership and management. Her out-of-pocket education expenses were incurred due to not being entitle to tuition assistance from the U.S. military, which she so faithfully served. She has been denied and stripped of all benefits due to her as an honorably discharged veteran and promised to her when she first enlisted at the tender age of 17 years old. d. After speaking to a U.S. military representative, she was advised to request a change of status. She served based on a promise of entitlements and benefits that were not provided as stated. She is humbling asking that her status be changed on all her military documents, to include her DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect honorably retired veteran. 3. A DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows the applicant enlisted in the U.S. Army Reserve (USAR) for a period of 6 years on 11 February 1984, at the age of 17. 4. A DD Form 214 shows the applicant entered active duty on or about 6 July 1984 for the purpose of active-duty training (ADT). She was honorably released from ADT after 4 months and 22 days of net active service on 27 November 1984, due to completion of Military Occupational (MOS) training. She was awarded MOS 71L (Administrative Specialist) and transferred back to her USAR unit. 5. The applicant’s DA Form 2-1 (Personnel Qualification Record – Part II) corroborates her dates of USAR enlistment and active duty training dates as listed on her initial DD Form 4 and DD Form 214. 6. A second DD Form 4 shows the applicant reenlisted in the USAR for a period of 6 years on 28 January 1990, after having completed 5 years, 11 months and 17 days of total inactive military service and 4 months and 21 days of total active military service. 7. A Department of the Army Reserve Personnel (DARP) Form 249-2-E (Chronological Statement of Retirement Points), dated 12 May 1995, shows the following: * the applicant completed 6 years of qualifying service for retirement * she did not complete any qualifying years toward retirement between the dates of 11 February 1990 and 10 February 1995, but she did earn 15 Membership Points per year during that period * she completed 11 years, 3 months, and 1 day of total service (Qualifying and Nonqualifying) for longevity pay purposes 8. U.S. Army Reserve Personnel Center Orders D-01-615795, dated 30 January 1996, show the applicant was honorably discharged from the USAR effective 30 January 1996, under the authority of Army Regulation 135-178 (Army National Guard and Reserve Enlisted Administrative Separations). 9. An Honorable Discharge Certificate shows the applicant was honorably discharged from the U.S. Army as a member of the USAR on 30 January 1996. 10. There is no evidence of record the applicant completed 20 qualifying years of service for either regular or non-regular retirement. 11. The applicant previously applied to the ABCMR on 29 July 2019, requesting in effect, eligibility to non-regular retirement and transfer to the Retired Reserve. On 11 May 2021, the Board denied her request, determining the evidence presented did not demonstrate the existence of a probable error or injustice and the overall merits of the case were insufficient as a basis for correction of her records. 12. Her available records does not contain a 15 or 20-year Notice of Eligibility (NOE) Letter. BOARD DISCUSSION: 1. 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 and available military records, the Board found insufficient evidence to show the applicant met the required minimum number of qualifying years for eligibility based on regulatory guidance for retirement. The Board agreed the burden of proof rest on the applicant to provide supporting documentation that would support she service additional time. The Board noted the applicant’s self-authored statement that she completed over 10 years of service. However, the Board found based on the evidence the applicant did not meet the criteria in accordance with regulatory guidance to receive a notice of eligibility. The Board determined that amending the previous Board decision is without merit. Therefore, the Board denied relief. 2. The applicant’s request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. ? 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 Board found 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 to amend the decision of the ABCMR set forth in Docket Number AR20190013480 on 11 May 2021. 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. Army Regulation 135-178 (Army National Guard (ARNG) and Army Reserve (USAR) Separation of Enlisted Personnel), in effect at the time, establishes policies, standards, and procedures governing the administrative separation of enlisted members from the Army National Guard of the United States (ARNGUS) and the USAR. On expiration term of enlistment or period of statutorily obligated service, the enlisted member will be discharged by the separation authority. A discharge for the purpose of complete separation from military service terminates the member’s statutory military obligation on the effective date of the discharge. 2. Army Regulation 135-180 (ARNG and USAR Qualifying Service for Retired Pay Nonregular Service), in effect at the time, implements statutory authorities governing the granting of retired pay for non-regular service to Soldiers in the ARNG, ARNGUS, and the USAR. a. To be eligible for retired pay at or after the age of 60, an individual must have completed a minimum of 20 years of qualifying service. b. Each Reserve component Soldier who completes the service required to be eligible for retired pay at age 60 will be notified in writing within 1 year after he/she has completed 20 satisfactory years of service. This notification will be issued to those individuals credited with 20 years of qualifying service prior to discharge or transfer to the Retired Reserve. 3. Army Regulation 140-10 (USAR Assignments, Attachments, Details, and Transfers) covers policy and procedures for assigning, attaching, removing, and transferring USAR Soldiers. Eligible Soldiers will be removed from an active status and reassigned to the Retired Reserve if they request transfer and meet the eligibility requirements, among them being completion of a total of 20 years of active or inactive service in the Armed Forces. 4. Under 10 USC 12731a, Reserve Component (RC) Soldiers who complete the eligibility requirements will be notified in writing within 1 year after completion of required service IAW AR 140-185 or NGR 680-2. a. RC Soldiers who complete 20 years of qualifying service will be issued a NOE for Retired Pay at Age 60. Based on Service Member’s Annual Year Ending (AYE) date. b. RC Soldiers who complete at least 15, but less than 20 years of qualifying service will be issued the 15-year NOE (Only Soldiers deemed unfit for continued Selected Reserve service). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230004398 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1