B-161291, JUL 14, 1967

B-161291, JUL 14, 1967

PRECIS-UNAVAILABLE DECISION TO RESERVE OFFICER CONCERNING SERVICE CREDITABLE FOR RETIRED PAY. ARMY RECORDS INDICATE THAT MEMBER DID NOT HAVE MINIMUM OF 18 YEARS SERVICE FOR RETENTION AND UNDER 10 U.S.C. 1006, TRANSFER TO RETIRED RESERVE WAS PROPER.

JOSEPH N. CHIDIAC, C/O LYCETTE, DIAMOND AND SYLVESTER:

FURTHER REFERENCE IS MADE TO THE LETTER DATED APRIL 14, 1967, FROM THE LAW OFFICES OF LYCETTE, DIAMOND AND SYLVESTER, CONCERNING THE SERVICE CREDITABLE TO YOU UNDER 10 U.S.C. 1331 ET SEQ., FOR RETIREMENT PAY AS A RESERVE OFFICER OF THE UNITED STATES ARMY.

IT IS STATED IN THE LETTER OF APRIL 14 THAT, IN ADDITION TO OTHER CREDITABLE SERVICE PERFORMED BY YOU SUBSEQUENT TO YOUR WORLD WAR II MILITARY SERVICE, YOU SERVED ON ACTIVE DUTY IN THE ARMY AS A RESERVE OFFICER FROM SEPTEMBER 1958 TO OCTOBER 1961. IT IS ALSO STATED THAT YOU DID NOT RECEIVE CREDIT FOR THIS SERVICE AND IT IS CONTENDED THAT THIS ADDITIONAL SERVICE WOULD GIVE YOU OVER 20 YEARS CREDITABLE SERVICE FOR RETIREMENT PURPOSES UNDER 10 U.S.C. 1331 ET SEQ. IT IS ALSO INDICATED THAT, EVEN IF YOU SHOULD NOT BE ENTITLED TO CREDIT FOR THE PERIOD IN QUESTION, YOUR TRANSFER FROM AN ACTIVE RESERVE STATUS TO THE RETIRED RESERVE IN 1962 WAS IN CONTRAVENTION OF 10 U.S.C. 1006, SINCE YOU HAD OTHER CREDITABLE SERVICE TOTALING OVER 18 YEARS.

IN RESPONSE TO OUR REQUEST FOR INFORMATION CONCERNING YOUR MILITARY SERVICE, THE OFFICE OF THE ADJUTANT GENERAL, DEPARTMENT OF THE ARMY, HAS REPORTED THAT YOUR SERVICE RECORD SHOWS THAT YOU HAVE COMPLETED ONLY 15 YEARS, 1 MONTH AND 15 DAYS OF QUALIFYING FEDERAL SERVICE FOR RETIREMENT PURPOSES. IT IS ALSO REPORTED THAT YOU DID NOT SERVE ON ACTIVE DUTY IN THE ARMY AS A RESERVE OFFICER DURING THE PERIOD SEPTEMBER 1958 THROUGH OCTOBER 1961, BUT THAT YOU EARNED RETIREMENT POINTS FOR INACTIVE DUTY TRAINING FROM JULY 1, 1959, THROUGH JUNE 30, 1961. IT THUS APPEARS THAT YOU DID NOT HAVE THE MINIMUM OF 18 YEARS CREDITABLE SERVICE FOR RETENTION UNDER 10 U.S.C. 1006 AND THAT YOUR REMOVAL FROM AN ACTIVE RESERVE STATUS AND TRANSFER TO THE RETIRED RESERVE BECAME MANDATORY UNDER 10 U.S.C. 3846, AS SELECTION BOARDS CONSIDERED YOU FOR PROMOTION BUT FAILED TO RECOMMEND YOU FOR ADVANCEMENT TO THE RANK OF LIEUTENANT COLONEL IN SEPTEMBER 1961 AND 1962.

AS INDICATED IN OUR FIRST LETTER TO YOU, THIS OFFICE DOES NOT MAINTAIN RECORDS OF MILITARY SERVICE. IF THE INFORMATION INDICATED ABOVE, WHICH WAS FURNISHED BY THE DEPARTMENT OF THE ARMY, DOES NOT AGREE WITH YOUR RECORDS, IT IS SUGGESTED THAT THE SPECIFIC MATTERS IN DISPUTE BE PRESENTED TO THE OFFICE OF THE ADJUTANT GENERAL OF THE ARMY WHERE YOUR COMPLETE RECORD OF MILITARY SERVICE MAY BE EXAMINED.

WE TRUST THIS INFORMATION SERVES THE PURPOSE OF YOUR INQUIRY.