BOARD DATE: 22 December 2016 DOCKET NUMBER: AR20150014572 BOARD VOTE: ____X____ ___X_____ ____X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 22 December 2016 DOCKET NUMBER: AR20150014572 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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: a. directing the Reserve Component Retirements Branch, U.S. Army Human Resources Command (HRC), recalculate the applicant's adjusted retirement date to include her service during the period 30 January 2008 to 23 February 2009; b. amending Orders C04-593859, issued by HRC on 28 April 2015, to reflect the applicant's new adjusted date of retirement; and c. paying the applicant all back pay resulting from this correction. _____________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. BOARD DATE: 22 December 2016 DOCKET NUMBER: AR20150014572 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 her retirement date be adjusted from 21 April 2015 to 21 July 2014. 2. The applicant states her retirement request included an early age drop of 33 months (earlier than age 60) due to her active duty deployments as follows: * three 90-day increments from 30 January 2008 through 23 February 2009 * four 90-day increments from 1 July 2009 through 30 June 2010 * four 90-day increments from 27 September 2010 through 26 September 2011 Three 90-day increments, for the period 30 January 2008 through 23 February 2009, seem to have been omitted from her early age drop calculation, as her retirement date coincides with her 58th birthday (24 months early instead of 33 months early). 3. The applicant provides: * DD Forms 214 (Certificate of Release or Discharge from Active), for the periods 30 January 2008 through 23 February 2009, 1 July 2009 through 30 June 2010, and 27 September 2010 through 26 September 2011 * Orders 08-015-00003, issued by the 332nd Medical Brigade, Nashville, TN on 15 January 2008 * Permanent Orders 38-27, issued by the U.S. Army Infantry Center, Fort Benning, GA on 7 February 2008 CONSIDERATION OF EVIDENCE: 1. The applicant was ordered to active duty as a member of her Reserve Component (RC) unit by Orders 08-015-00003, issued by the 332nd Medical Brigade, Nashville, TN on 5 January 2008. The orders show the active duty was in support of Operation Enduring Freedom and were effective 30 January 2008. 2. A DD Form 214 shows she served on active duty from 30 January 2008 through 23 February 2009. Block 18 (Remarks) of the DD Form 214 shows the active duty was performed under the authority of Title 10, U.S. Code, section 12302. 3. Additional DD Forms 214 show she served on active duty from 1 July 2009 through 30 June 2010 and from 27 September 2010 through 26 September 2011. The DD Forms 214 show the active duty periods were performed under the authority of title 10, U.S. Code, section 12301(d). 4. The applicant's Notification of Eligibility for Retired Pay at Age 60 (Twenty Year Letter) is dated 7 July 2011. 5. A review of the applicant's application for retired pay benefits, located in the Interactive Personnel Electronic Records Management System, does not include the DD Form 214 for the period 30 January 2008 to 23 February 2009. 6. Orders C04-593859, issued by HRC on 28 April 2015, directed the applicant's retirement and placement on the Retired List effective 21 April 2015. 7. During the processing of this case, an advisory opinion was obtained from the Reserve Component Retirements Branch, HRC. It states: a. After a thorough review of the applicant's military record, the Reserve Component Retirements Branch has determined that when her case was being processed, the DD Form 214 for the time period of 30 January 2008 to 23 February 2009 was missing. Therefore, this time was omitted from the calculation of her Early Age Drop Retirement date. b. The National Defense Authorization Act (NDAA) of 2008 (Public Law 110-181), Section 647 states, a Soldier's mobilization time had to occur after 29 January 2008 in order to be considered for the Early Age Drop Retirement. The applicant meets this criteria. c. It is the opinion of the Reserve Component Retirements Branch that the applicant's retirement date be recalculated to include the missing time and her retirement date be changed as requested. Her corrected retirement date is 21 July 2014. 8. The advisory opinion was provided to the applicant to give her the opportunity to submit comments or a rebuttal; however, no response was received. REFERENCES: The NDAA for Fiscal Year 2008 (FY08) enacted the Reduced Retirement Age for RC Soldiers based on active duty performance. The NDAA for FY08 reduces the retirement age for RC Soldiers from 60 to a lesser age, but not below age 50, for those who have served on active duty in an eligible status on or after 29 January 2008. For qualifying service on or after 29 January 2008, each day on that active duty tour could count toward a reduction in retirement age. However, even though each day counts, days are credited in aggregates of 90 days only within any FY. A day of duty shall be included in only one aggregate of 90 days. Active duty, for this purpose, means service pursuant to a call or order to active duty on orders specifying, as the authority for such orders, a provision of law referred to in section 101(a) (13)(B), and performed under section 688, 12301(a), 12302, 12304, 12305, 12406, and chapter 15 (insurrection), or under section 12301(d) of Title 10, U.S. Code. DISCUSSION: 1. The evidence of record shows the applicant served on active duty from 30 January 2008 to 23 February 2009, under the authority of Title 10, U.S. Code, section 12302. Her DD Form 214 for this period of service was not located in processing her application for retired pay benefits. 2. Based on the foregoing, and in accordance with the Reserve Component Retirements Branch's opinion, it appears her service during the above mentioned period was not considered when calculating her adjusted date of retirement under the provisions of the FY08 NDAA Reduced Retirement Age for RC Soldiers. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014572 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014572 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2