PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           15 November 2001                  
	DOCKET NUMBER:   AR2001061638

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Stanley Kelley		Member	
	Ms. Karen A. Heinz		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that he be determined to be eligible for a 15-year Reserve Component retirement.

3.  The applicant states that he was discharged from the Nevada Army National Guard (NVARNG) for medical reasons after completing over 17 years of service. He was not offered a 15-year retirement at the time of his discharge.

4.  The applicant’s military records are not available.  Information contained herein was obtained from alternate sources.

5.  After having had prior service, the applicant entered the ARNG on 11 April 1988.  On 14 July 1998, a State Medical Duty Review Board determined he was unfit for retention based upon a diagnosis of diabetes mellitus.  On 3 September 1998, he was discharged from the ARNG and as a Reserve of the Army due to medical disqualification.  He had completed 17 years, 2 months, and 26 days of qualifying service for retirement.

6.  Title 10. U.S. Code, section 12731a was the temporary special retirement qualification authority.  A revision dated 5 October 1994 provided that, during   the period 1 October 1991 through 30 September 1999 (later extended to         30 September 2001), a member of the Selected Reserve who had completed at least 15, and less than 20, years of qualifying service and who no longer met the qualifications for membership in the Selected Reserve solely because the member was unfit because of physical disability, and upon the request of the member, could be transferred to the Retired Reserve.  Public Law 106-65, enacted 5 October 1999, amended chapter 1223 (Retired Pay for Non-Regular Service) of Title 10, U. S. Code by adding section 12731b, (Special rule for members with physical disabilities not incurred in line of duty).  The intent of the new subsection was to make the authority permanent.  

CONCLUSIONS:

1.  It appears to the Board that an injustice occurred in this case.  The applicant was discharged from the Army National Guard and the U. S. Army Reserve on   3 September 1998 due to being medically disqualified for retention.  At that time he had completed over 15 qualifying years for a reserve retirement.  The provision for an early reserve retirement due to medical disability had come into effect in October 1994. 

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the applicant was transferred to the Retired Reserve on 3 September 1998 in accordance with the Temporary Special Retirement Qualification Authority and is entitled to all benefits thus conferred.

2.  The Army has an established program to counsel retiring soldiers on the rights, benefits, and privileges afforded as a result of military retirement.  Retirement Services Officers (RSO) are available at most major Army installations to provide a retirement briefing, which includes information on the Survivor Benefit Plan (SBP).  The applicant is advised to contact his nearest RSO (list enclosed ) as soon as possible to facilitate a smooth transition to retired status.

BOARD VOTE:  

__inw___  __sk____  __kah___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Irene N. Wheelwright
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001061638	
SUFFIX		
RECON		
DATE BOARDED	20011115	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	135.03	
2.		
3.		
4.		
5.		
6.