IN THE CASE OF: BOARD DATE: 2 December 2010 DOCKET NUMBER: AR20100010334 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 that he be issued a 15-year letter in order to be able to receive non-regular retired pay at age 60. 2. The applicant states that he attempted to re-enter the Army Reserve to complete his 20 years and his request was denied; therefore, he requests that he be issued a 15-year letter so that he may receive Retired Pay at age 60. 3. The applicant provides a copy of his Chronological Statement of Retirement Points (ARPC Form 249-E) showing that he has 17 years, 3 months, and 14 days of qualifying service for retirement. CONSIDERATION OF EVIDENCE: 1. The applicant was born on 27 February 1961 and enlisted in the Regular Army on 24 March 1980. He served until he was released from active duty (REFRAD) on 22 November 1984 and was transferred to the United States Army Reserve (USAR). 2. He enlisted in the Pennsylvania Army National Guard (PAARNG) on 7 February 1985 and served until he was discharged on 6 February 1990. He again enlisted in the PAARNG on 23 March 1992 and served until he was honorably discharged on 5 June 1997 to enlist in the USAR. 3. On 6 June 1997, he enlisted in the USAR and served until he was honorably discharged on 7 June 2000. On 26 January 2001, he enlisted in the USAR for a period of 8 years; however, on 30 April 2004, orders number 041-121-00012 were published transferring the applicant to the Retired Reserve effective 1 May 2004 due to being medically released from his troop program unit (TPU), not as a result of his own misconduct. He had completed 17 years, 3 months, and 14 days of qualifying service for retirement. The facts and circumstances surrounding his transfer to the Retired Reserve are not present in the available records. 4. In May 2009, the applicant applied to this Board requesting that his transfer to the Retired Reserve for medical reasons be voided and that he be allowed to re-enter the USAR to complete his 20 years of service. The Board at that time contended that there was insufficient evidence to make such a determination and relied on the presumption of regularity that the Army had properly transferred him to the Retired List due to being medically disqualified not as a result of his own misconduct. Accordingly, his request to have his records show that he was medically qualified to serve in the USAR or that he was no longer medically disqualified was denied. 5. In the processing of this case a staff advisory opinion was requested from the Human Resources Command, Transitions and Separation Branch; however, that office was unable to render an opinion due to the lack of information available on the applicant’s case. The advisory opinion was provided to the applicant for comment and to date, no response has been received by the staff of the Board. 6. 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 12371b, (Special rule for members with physical disabilities not incurred in line of duty). Section 12731b states that a member of the Selected Reserve who no longer meets the qualification for membership in the Selected Reserve solely because the member is unfit because of physical disability pay, for the purpose of section 12371 (Age and Service Requirements) of this title, be treated as having met the service requirements and be provided with the notification required if he has completed at least 15 years and less than 20 years of service. DISCUSSION AND CONCLUSIONS: 1. The applicant’s contention that he should be issued a 15-year letter has been noted and appears to have merit. 2. While it cannot be determined with any degree of certainty the extent of the applicant’s medical disqualifications, the fact remains that he was transferred to the Retired Reserve on 1 May 2004 for medical disqualifications that were not due to his own misconduct well before his expiration of term of service (25 January 2007). 3. Inasmuch as the Board has previously relied on the presumption that the applicant was properly transferred to the Retired Reserve due to medical disqualifications that were not due to the applicant’s own misconduct, it must also presume that he is entitled to be issued a 15-year letter based on his medical disqualifications. 4. Accordingly, it would be in the interest of justice at this time to issue him a 15-year letter. BOARD VOTE: ____X___ __X_____ ___X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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 the applicant a 15-year letter that will allow him to apply for non-regular retired pay at age 60. 2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms. _______ _ X_____ ___ 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) AR20100010334 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100010334 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1