BOARD DATE: 24 January 2020 DOCKET NUMBER: AR20170011325 APPLICANT REQUESTS: Correction of his record to show he was issued a Notice of Eligibility for Retired Pay at Age 60 (15-Year Letter). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Memorandum, Subject: Medical Evaluation for Retention of U.S. Army Reserve (USAR) Soldiers with Nonduty Related Impairments, dated 15 January 2002 * Orders Number 02-238-0003, dated 26 August 2002 * DA Form 5016 (Chronological Statement of Retirement Points), dated 6 December 2016 * DD Form 108 (Application for Retired Pay Benefits), dated 6 January 2017 FACTS: 1. The applicant states in pertinent part: a. He did not receive a 15-Year Letter. He has 17 years, 6 months, and 4 days of service. He needs the 15-Year Letter to complete his application for retirement pay. Per Orders Number 02-238-0003, dated 26 August 2002, his unit reassigned him to the Retired Reserve effective 1 August 2002. The reassignment was the result of a medical evaluation for retention physical that he did not pass per Army Regulation (AR) 40-501 (Standards of Fitness) paragraph 3-14(g)(5) prosthetic replacement of a major joint. b. He was encouraged by the Army medical staff on 14 April 2002, to check box 2b on the attached medical evaluation for retention letter, “request reassignment to the retired reserve with early qualification of eligibility to receive retired pay at age 60.” He checked that box, and signed his signature. 2. A review of the applicant’s official records show the following: a. The applicant is 63 years of age. b. On 4 November 1996, having had prior enlisted service in the Army National Guard, the applicant enlisted in the USAR. c. The applicant’s records are void of documents pertaining to his medical evaluation, however, he provides a memorandum and orders showing the following: (1) The applicant’s medical records were reviewed to determine compliance with retention standards of AR 40-501, chapter 3. It was determined he was not eligible for retention. (2) Per AR 40-501, paragraph 3-14 g(5) due to a prosthetic replacement of a major joint. He requested reassignment to the Retired Reserve with early qualification of eligibility to receive retired pay at age 60. He had at least 15 but less than 20 qualifying years of service for retired pay purposes. (3) He endorsed this memorandum with his signature on 14 April 2002. (4) On 26 August 2002, Orders Number 02-238-00003, issued by Headquarters, 91st Division, reassigned the applicant to the Retired Reserve by reason of being medically retired based on 15 years of qualifying service. d. DA Form 5016 shows the applicant had 17 years, 6 months, and 4 days of qualifying service for retirement. e. The applicant’s records are void of a 15-Year Letter. 3. The applicant provides DD Form 108 showing he applied for retirement. 4. On 12 December 2019, the U.S. Army Human Resources Command, Fort Knox, KY reviewed the applicant's records and rendered an advisory opinion in his case. After a thorough review, the Chief, Gray Area Retirement Branch opined that: a. The Gray Area Retirement Branch (GAR) has reviewed the applicant’s military records. He has 17 years, 6 months and 4 days of qualifying service. To be eligible for a 15 year retirement, a Soldier must be medically unfit or serving in a unit that was being downsized, deactivated, or relocated at the time the Soldier attained 15 years. b. It is the opinion of the GAR Branch the applicant was transferred into the Retired Reserves on 1 August 2002 for being medically unfit for retention of USAR service obligation. Therefore, it is the opinion of the GAR Branch the applicant is eligible for a 15-Year Letter. A copy of the complete advisory opinion has been provided to the Board for their review and consideration 5. The applicant was provided with a copy of this advisory opinion to give him an opportunity to respond and/or submit a rebuttal. He did not respond. 6. AR 135-180 (Qualifying Service for Retired Pay Non-Regular Service), states in paragraph 2-1, to be eligible for retired pay, an individual need not have a military status at the time of application, but must have * attained age 60 * a minimum of 20 years of qualifying service computed under Title 10, USC, section 12732; or; * 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 reviewing the application and all supporting documents, the Board found that relief is warranted. The applicant should be provided with a 15 year letter for retirement. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 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 providing the individual a 15 year letter for retirement. 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. ? REFERENCES: 1. Title 10, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. AR 135-180 (Qualifying Service for Retired Pay Non-Regular Service), states in paragraph 2-1, to be eligible for retired pay, an individual need not have a military status at the time of application, but must have * attained age 60 * a minimum of 20 years of qualifying service computed under Title 10, USC, section 12732; or; * 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 //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170011325 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1