ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	
	BOARD DATE:  26 February 2019

	DOCKET NUMBER:  AR20160013250


APPLICANT REQUESTS: 

*	correction of his record to show he has 20 years of qualifying service for his 
Reserve retirement pay
*	correction to his narrative reason for separation

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 293 (Application for the Review of Discharge from the Armed Forces of 
the United States)
*	Memorandum, Subject: Discharge Due to Medical Disqualification for Retention, 
dated 26 December 1990
*	Retired Reserve Certificate, dated 17 January 1991
*	Orders Number 74-4, dated 17 January 1991
*	Army Human Resources Command (AHRC ) Form 249 (Chronological Statement 
of Retirement Points), dated 6 September 2012

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records (ABCMR) conducted a substantive review of this case and determined 
it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states in effect, he was diagnosed with diabetes and medically 
disqualified for reenlistment after 17 years of service.  He received a retirement 
certificate, but at age 60 he was told he was ineligible to receive retirement pay.  He 
was retired for a medical condition, and has applied for benefits that were denied 
because of his discharge.  

3.  The applicant provides:

   a.  Memorandum, Subject: Discharge Due to Medical Disqualification for Retention, 
that states in pertinent part, he was discharged in accordance with Army Regulation 
(AR) 140-120 (Medical Examinations).  He was found to have a medical condition which 
rendered him medically disqualified for further retention in the Army Reserve.  He 
selected the option to be discharged from the USAR in accordance with AR 135-178 
(Separation of Enlisted Personnel).
   
   b.  Retired Reserve Certificate, showing he was transferred to the Retired Reserve.
   
   c.  AHRC Form 249, showing he had 17 years of service which qualified for 
retirement. 

4.  A review of the applicant’s service record shows the following on:

*	17 December 1973 – enlisted in the Regular Army
*	17 December 1975 – honorably released from active duty and transferred to the 
U.S. Army Reserve Control Group (Annual Training), DD Form 214 (Report of 
Separation from Active Duty) shows he completed 1 year, 11 months, and 20 
days of total active service
*	10 October 1979 – enlisted in the USAR and served through one reenlistment 
*	17 January 1991 – Orders Number 74-4 released the applicant from the USAR 
and reassigned him to the USAR Control Group (Retired) by reason of medical 
disqualification

5.  The applicant’s records are void of medical evaluation board and physical evaluation 
board proceedings.  Likewise, his medical records are not available for review with this 
case.

6.  The applicant is 65 years of age.

7.  Army Regulation (AR) 635-5 (Separation Documents) establishes the standardized 
policy for preparing and distributing the DD Form 214.  The purpose of the separation 
document is to provide the individual with documentary evidence of his or her military 
service.  The DD Form 214 is a summary of a Soldier's most recent period of 
continuous active duty (emphasis added).  A DD Form 214 will be prepared for Reserve 
Component (RC) Soldiers completing 90 days or more of continuous active duty for 
training, active duty for special work, temporary tours of active duty, or Active Guard 
Reserve service.  The applicant’s DD Form 214, dated 17 December 1975 has the 
correct separation information for that time period.  

8.  AR 140-120 (Medical Examinations) sets basic policies and procedures for medical 
examinations.  It covers those examinations used to medically qualify individuals for 
entrance into and retention in the USAR.  Normally, reservists who do not meet the 
fitness standards set by chapter 3, AR 40-501 (Standards of Medical Fitness), will be 
transferred to the Retired Reserve or discharged from the USAR. 

9.  AR 135-180 (Qualifying Service for Retired Pay Non-Regular Service) implements 
statutory authorities governing the granting of "retired pay" to Soldiers and former RC 
Soldiers.  Chapter 2 provides eligibility criteria and states, in pertinent part, that in order 
to qualify for non-regular retirement, a member must have attained age 60 and 
completed a minimum of 20 years of qualifying service.  Paragraph 2-2(b) states to be 
eligible for retired pay at or after the age specified in paragraph 2-1, an individual must 
have 15 years of qualifying service, and less than 20 computed under Title 10 USC, 
section 12732, if the individual is to be separated because the Soldier has been 
determined unfit for continued Selected Reserve service.

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is 
insufficient evidence to grant relief.  The Board agreed the applicant did not reach 20 
years as demonstrated by his AHRC Form 249, and the characterization of the 
discharge was warranted based upon medical concerns.  The applicant received orders 
transferring him to the Retired Reserve effective 17 January 1991.  The applicant 
should contact a Defense Finance and Accounting Services (DFAS) office to see if he 
was required to fill out documents to receive retired pay at age 60.  Members eligible for 
Reserve retirement must request retired pay from the military department in which they 
last served; payment is not made until requested. .

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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 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.


ADMINISTRATIVE NOTE(S):

Not Applicable

?
REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three years after discovery of the alleged error or injustice.  
This provision of law also allows the ABCMR to excuse an applicant's failure to timely 
file within the three-year statute of limitations if the ABCMR determines it would be in 
the interest of justice to do so.
2.  Army Regulation (AR) 635-5 (Separation Documents) establishes the standardized 
policy for preparing and distributing the DD Form 214.  The purpose of the separation 
document is to provide the individual with documentary evidence of his or her military 
service.  The DD Form 214 is a summary of a Soldier's most recent period of 
continuous active duty (emphasis added).  A DD Form 214 will be prepared for Reserve 
Component (RC) Soldiers completing 90 days or more of continuous active duty for 
training, active duty for special work, temporary tours of active duty, or Active Guard 
Reserve service. 

3.  AR 140-120 (Medical Examinations) sets basic policies and procedures for medical 
examinations.  It covers those examinations used to medically qualify individuals for 
entrance into and retention in the USAR.  Normally, reservists who do not meet the 
fitness standards set by chapter 3, AR 40-501 (Standards of Medical Fitness), will be 
transferred to the Retired Reserve or discharged from the USAR.

4.  AR 135-180 (Qualifying Service for Retired Pay Non-Regular Service) implements 
statutory authorities governing the granting of "retired pay" to Soldiers and former RC 
Soldiers.  Chapter 2 provides eligibility criteria and states, in pertinent part, that in order 
to qualify for non-regular retirement, a member must have attained age 60 and 
completed a minimum of 20 years of qualifying service.  Paragraph 2-2(b) states to be 
eligible for retired pay at or after the age specified in paragraph 2-1, an individual must 
have 15 years of qualifying service, and less than 20 computed under Title 10 USC, 
section 12732, if the individual is to be separated because the Soldier has been 
determined unfit for continued Selected Reserve service.


ABCMR Record of Proceedings (cont)	AR20160013250
	
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