BOARD DATE: 19 January 2016 DOCKET NUMBER: AR20150004544 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, the issuance of a Notification of Eligibility for Retired Pay at Age 60 Letter. 2. The applicant states, in effect, he: a. should receive retired pay at the age of 60, but he was rated 50-percent disabled and released from the Oregon Army National Guard (ORARNG) by reason of medical unfitness; b. has insufficient service (5 months) necessary for retirement; and c. was not given an option to reclassify into another military occupational specialty (MOS) or to waive his disability payments in order to achieve or complete 20 years of qualifying service for retirement. 3. The applicant provides no additional documents. CONSIDERATION OF EVIDENCE: 1. The applicant was born on XX February 1956. He will turn 60 years of age in February 2016. 2. His DA Form 2-1 (Personnel Qualification Record – Part II) shows he served in the following components during the indicated periods: * United States Air Force (USAF) Reserve (4 January - 9 June 1974) * USAF active duty (AD) (10 June 1974 – 29 May 1978) * USAF Reserve (10 May – 1 February 1979) * Army National Guard (ORARNG) (2 February – 17 July 1979) * United States Army Reserve (USAR) (18 July – 31 August 1979) * USAR Delayed Entry Program (1 September - 28 November 1979) 3. On 29 November 1979 the applicant enlisted in the Regular Army and continuously served through numerous reenlistment periods. He was initially trained in and awarded military occupational specialty (MOS) 91B (Medical Specialist). 4. On 1 December 1983 he was promoted to sergeant/E-5. He was awarded primary MOS (PMOS) 91A2O on 30 September 1984 and PMOS 91B2O was withdrawn. 5. On 4 May 1990 the applicant appeared before a MOS Medical Retention Board (MMRB) and was found unfit to perform his duties in MOS 91A. The MMRB recommended MOS reclassification to suit his permanent medical condition (bi-lateral hearing loss) and retention on active duty. 6. On 22 May 1990 the appropriate authority approved the MMRB?s findings and recommendation. On 21 December 1990 the applicant was awarded PMOS 76J (Medical Supply and Parts Specialist) and MOS 91A was withdrawn. 7. On 12 May 1992 the applicant was honorably discharged from the Regular Army by reason of Voluntary Early Transition Program (Special Separation Benefit) and transferred to the USAR on 13 May 1992. He was issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) that shows the following record of service – * item 12c (Net Active Service This Period), 12 years, 5 months, 14 days * item 12d (Total Prior Active Service), 3 years, 11 months, 20 days * item 12e (Total Prior Inactive Service), 1 year, 5 months, 29 days. 8. On 20 July 1992 he was honorably discharged from the USAR. 9. He then enlisted in the ORARNG on 21 July 1992 for 2 years. On 11 August 1993 he was honorably discharged from the ORARNG under the provisions of paragraph 8-26y, National Guard Regulation 600-200 (Enlisted Personnel Management), by reason of medical unfitness for retention. The NGB Form 22 (Report of Separation and Record of Service) issued to him shows the following record of service – * item 10a (Net Service This Period), 1 year and 21 days * item 10b (Prior Reserve Component Service), 1 year, 10 months, 22 days * item 10c (Prior Active Federal Service), 17 years, 6 months, 4 days * item 10d (Total Service for Pay), 20 years, 5 months, 17 days 10. Army Regulation 135-178 (Enlisted Administrative Separations) establishes policies, standards, and procedures governing the administrative separation of Army National Guard and the USAR enlisted Soldiers. This regulation states discharge will be accomplished when it has been determined that a Soldier is no longer qualified for retention by reason of medical unfitness unless the Soldier requests and is eligible for transfer to the Retired Reserve in accordance with applicable Army Regulations. 11. Army Regulation 135-180 (Qualifying Service for Retired Pay Non-Regular Service) states in paragraph 2-1 that to be eligible for retired pay an individual does not need to have a military status at the time of application for retired pay, but must have: (1) attained age 60, (2) completed a minimum of 20 years of qualifying service, and (3) served the last 8 years of his or her qualifying service as an RC Soldier. During the period October 1991 to December 2001, the requirement to serve the last 8 years in the RC was amended to the last 6 years, and on 26 April 2005 this requirement was reduced to zero years. This regulation also specifies, in part, that each RC Soldier who completes the service required to be eligible for retired pay at age 60 will be notified in writing with a 20-year letter within 1 year after he/she completes the service. 12. Army Regulation 140-10 (Army Reserve Assignments, Attachments, Details, and Transfers) sets forth the basic authority for the assignment, attachment, detail, and transfer of USAR Soldiers. Chapter 7 relates to the removal of Soldiers from an active status and states that Soldiers removed from an active status will be discharged or, if qualified and if they so request, will be transferred to the Retired Reserve. 13. Title 10. U.S. Code, section 12731 (Temporary special retirement qualification authority) (a) (Retirement With At Least 15 Years of Service) states for the purposes of section 12731 of this title, the Secretary concerned may (1) during the period described in subsection (b), determine to treat a member of the Selected Reserve of an RC of the armed force under the jurisdiction of that Secretary as having met the service requirements of subsection (a)(2) of that section and provide the member with the notification required by subsection (d) of that section if the member (A) as of 1 October 1991, has completed at least 15, and less than 20, years of service computed under section 12732 of this title; or (b) after that date and before the end of the period described in subsection (b), completes 15 years of service computed under that section; and (2) upon the request of the member submitted to the Secretary, transfer the member to the Retired Reserve. The period referred to in subsection (a)(1) is the period beginning on 23 October 1992 and ending on 31 December 2001. 15. To be eligible for retired pay at age 60 under Title 10, U.S. Code, section 12731-12737, a Reserve Soldier or former Reserve Soldier must have completed 20 qualifying years of service, the last 8 of which must have been in an RC. Service in an inactive reserve section, such as the Retired Reserve, is not creditable for retirement purposes. A Reserve Soldier must have received a 15-year or a 20-year letter to be eligible to receive reserve retired pay. DISCUSSION AND CONCLUSIONS: 1. By law and regulation, RC members normally are required to complete 20 years of qualifying service in order to be eligible for non-regular retired pay. A qualifying year of service for non-regular retired pay is a full year (365 days) during which a Regular or Reserve member is credited with a minimum of 50 retirement points. Because he did not complete 20 qualifying years of service, he does not qualify for a 20-year letter. 2. However, at the time the applicant was separated (11 August 1993), a member of the Army National Guard who was medically disqualified for continued service in the RC could be considered as having met the service requirement and could be issued a Notification for Eligibility for Non-Regular Retired Pay at Age 60, 15-Year Letter, if the member completed at least 15 years, but less than 20 years of qualifying service for non-regular retirement purposes provided the last 8 years of service was performed in the RC. 3. The evidence of record in this case confirms the applicant completed 17 years, 6 months, and 4 days of combined active duty service in the USAF and the Regular Army and 2 years, 11 months, and 13 days of RC service for a total of 20 years, 5 months, and 17 days of total service for pay. Prior to his discharge from the ORARNG, he completed 1 year and 21 days before he was honorably discharged on 11 August 1993 for medical unfitness. As such, he does not meet the statutory requirement for receipt of a 15-year letter. 4. In respect to the applicant’s claim he was not given an opportunity to reclassify into another MOS prior to his discharge, the evidence of record confirms subsequent to his appearance before an MMRB, he was reclassified from MOS 91A to 76J. However, he was later determined medically unfit for retention while serving in the RA and then in the ORARNG. Although the applicant was discharged from the ORARNG based on his medical unfitness, had he served his last 8 years in the RC, he could have been retired with at least 15 years of service. However, he did not complete his last 8 years of service in the RC thus he was not qualified for retirement under the temporary special retirement qualification authority. Accordingly, the evidence of record shows the applicant was appropriately separated without issuance of a 20-year or 15-year letter by statute. Thus, there is no error or injustice. There is an insufficient evidentiary basis upon which to grant the requested relief in this case. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __X______ __X______ ___X__ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ _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) AR20150004544 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004544 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1