BOARD DATE: 5 April 2018 DOCKET NUMBER: AR20160006177 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration I BOARD DATE: 5 April 2018 DOCKET NUMBER: AR20160006177 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 correction of her military records to show her prior inactive service (1 month and 10 days) was credited toward her total active duty service for retirement purposes. 2. The applicant states: a. It was her understanding that she was eligible for Concurrent Retirement and Disability Pay (CRDP) because she completed 20 years and 1 day of service in the Army. However, after calling the Finance and Accounting Office, she was notified she had only completed 19 years, 10 months, and 21 days, making her short by 1 month and 10 days. b. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 August 1990 shows she completed 1 month and 10 days of inactive service, but that service doesn't count toward eligibility for CRDP. If her prior inactive service is combined with her total active duty service, she would qualify for full retired pay. c. If she had known her prior inactive service would not count toward her total active duty service, she would have postponed her retirement. She served her country well during her time as an officer and feels that allowances should be made on her behalf. 3. The applicant provides a copy of her DD Form 214 for the period ending 28 August 1990. 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. Having completed 3 years, 9 months, and 3 days of prior active enlisted service in the U.S. Army Reserve (USAR), the applicant was commissioned as a first lieutenant in the USAR on 1 June 1974. After 1 month and 10 days of inactive service in the USAR during which she performed no duty, she entered active duty on 11 July 1974. She was promoted to major effective 1 May 1984. 3. On 28 August 1990, she retired in the rank of major by reason of temporary disability and was placed on the Temporary Disability Retired List (TDRL) effective 29 August 1990 with a 50-percent disability rating. 4. Her DD Form 214 for the period ending 28 August 1990 shows: * she completed 16 years, 1 month, and 18 days of net active service during this period * she completed 3 years, 9 months, and 3 days of prior active service * she completed 1 month and 10 days of prior inactive service * she completed a total of 19 years, 10 months, and 21 days of creditable active service 5. There is no evidence of record showing she completed 20 years of active service. 6. On 25 May 1995, she was removed from the TDRL and permanently retired with a 50-percent disability rating. REFERENCES: 1. Title 10, U.S. Code, chapter 367, governs retirement for length of service. Section 3911(a) states the Secretary of the Army may, upon the officer's request, retire a Regular or Reserve commissioned officer who has at least 20 years of service, at least 10 years of which have been active service as a commissioned officer. 2. Title 10, U.S. Code, section 101(d), defines "active duty" as full-time duty in the active military service of the United States. 3. The Defense Finance and Accounting Service web site describes CRDP. CRDP allows military retirees to receive both military retired pay and Department of Veterans Affairs compensation. This was prohibited until the CRDP Program began on 1 January 2004. A member must be eligible for retired pay (20 or more qualifying years of service) to qualify for CRDP. If a member was placed on a disability retirement, but would be eligible for military retired pay in the absence of the disability, the member may be entitled to receive CRDP. CRDP applies to all retirees with a Department of Veterans Affairs disability rating of 50 percent or greater. DISCUSSION: 1. The applicant contends her prior inactive service should count toward her retirement. 2. The evidence of record shows: * she retired on 28 August 1990 by reason of temporary disability and was placed on the TDRL the following day * she completed 19 years, 10 months, and 21 days of creditable active service * she completed 1 month and 10 days of prior inactive service * she was removed from the TDRL on 25 May 1995 and permanently retired with a 50-percent disability rating 3. Although the evidence shows she was credited with 1 month and 10 days of prior inactive service upon commissioning from 1 June 1974 to 11 July 1974 while awaiting orders to active duty, she did not perform any duty during this period. This service does not count toward Regular active duty retirement. 4. She had completed 19 years, 10 months, and 21 days of creditable active duty service at the time she retired by reason of temporary disability BOARD DATE: 5 April 2018 DOCKET NUMBER: AR20160006177 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. . //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160006177 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160006177 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2