IN THE CASE OF: BOARD DATE: 3 September 2008 DOCKET NUMBER: AR20080009637 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, that she receive her 15-year letter (i.e., entitlement to an early Reserve retirement due to physical disability). 2. The applicant states, in effect, that her unit disbanded and she did not receive her 15-year letter. She is unable to receive her retired identification card. 3. The applicant provides her mother’s funeral service program; assignment orders, dated 16 May 1995; a letter, dated 23 January 2008, from the Department of Veterans Affairs (VA); and VA medical records, dated 3 November 2000, 21 October 2002, and 11 May 2006. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant was born on 21 February 1957. After having had prior service in the Regular Army, she enlisted in the U. S. Army Reserve on 8 April 1982. 3. The applicant provided VA medical records that indicate she suffered a gunshot wound to her right knee/leg in 1979 and had several surgeries in 1981 and 1982 for stabilization. They also indicated that she was able to ambulate with assistance using a cane, but since her strokes in 1986 and 1987 she had severe residual right-sided weakness. 4. On 5 February 1995, the applicant was counseled concerning her medical disqualification for retention. She was also informed that she would be paid retired pay at age 60. 5. On 1 June 1995, the applicant was released from her troop program unit as a result of medical disqualification for retention and was transferred to the Retired Reserve. As of retirement year ending 7 April 1995 she had completed 16 years, 11 months, and 1 day of qualifying service for a Reserve retirement, the last 10 years of which had been served in a Reserve component. 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, 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, may be transferred to the Retired Reserve and treated as having met the service requirements and be provided with the notification required if he had completed at least 15 and less than 20 years of service. DISCUSSION AND CONCLUSIONS: 1. The applicant was in the Selected Reserve when she was found to be medically disqualified for retention. When she was transferred to the Retired Reserve for this reason on 1 June 1995, she had completed 16 years, 011 months, and 1 day of qualifying service for a Reserve retirement. 2. The applicant was eligible for and should have received a 15-year letter, which will entitle her to retired pay at age 60. Receipt of this letter should also entitle her to receipt of “gray-area retiree” benefits to include a military identification card, obtainable from an installation identification card issuing facility. BOARD VOTE: ___xx___ ___xx___ ___xx___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing to the applicant a 15-year letter. _______ _ xxxx_____ ___ CHAIRPERSON 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. ABCMR Record of Proceedings (cont) AR20080009637 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080009637 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1