ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 December 2019 DOCKET NUMBER: AR20170013672 APPLICANT REQUESTS: correction of his record to show he is authorized and issued a 15/20 year letter of retirement. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-Authored Statement * Fax Cover Sheet * Separation Orders * Retirement Points * Notification of Medical Unfitness * DA Form 4187 (Personnel Action) * DA Form 4651 (Request for Reserve Component Assignment or Attachment) * Retention Standards Determination * Early Qualification for Reserve Retirement * Medical Records 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, he was retired early due to medical disqualification-not result of own misconduct. He received orders reassigning him to the Retired Reserve with an effective date of 28 December 2006. He never received a 20/15 year letter to support his retirement. Upon submission of his retirement packet, he was informed by the Human Resources Command that he needed to submit a request to the Army Review Board Agency (ARBA) for generation of this documentation so that his application for retirement benefits could be completed. He has orders authorizing early retirement due to medical disqualification. He was diagnosed with melanoma which required surgery and a year of chemo-therapy, which required daily administration and is the reason for his early retirement, as he was considered non-deployable. 3. The applicant provides: a. Fax Cover Sheet, which states a note from the 5502nd USA Hospital Personnel Officer to the applicant. b. Separation Orders, dated 29 November 2006, which states he was assigned to the Retired Reserve, under the provision of AR 140-10 (Army Reserve - Assignments, Attachments, Details, and Transfers), for being medically disqualified – not result of own misconduct. c. Retirement Points, dated 18 January 2007, which states that the applicant has 5,329 total creditable points and 17 years, 7 months, and 8 days of qualifying service for retirement. d. Notification of Medical Unfitness, dated 24 January 2005, which states that it has been determined as a result of his medical records review, that he is medically disqualified for continued service in the U.S. Army Reserve. e. DA Form 4187, undated and unsigned, which states that the applicant requested issuance of a Memorandum of Early Qualification for Retired Pay at Age 60 (15 year memorandum). f. DA Form 4651, undated, which reflect that he requested assignment to the retired reserves due to being medically unfit for retention. g. Retention Standards Determination, dated 11 September 2004, which reflects that the applicant does not meet Retention Standards as outlined in AR 40-501 (Standards of Medical Fitness). h. Early Qualification for Reserve Retirement, dated 11 December 2003, which states the applicant is eligible issuance of a 15 year retirement letter. i. Medical Records Extract, dated 14 February 2003. 4. A review of the applicant’s service record shows: a. He enlisted on 3 January 1977 in the Regular Army (RA). b. He was transferred to the United States Army Reserve (USAR) Control Group (Reinforcement) on 16 December 1980. He had 3 years, 11 months, and 14 days of active service. c. He was appointed as a Reserve commissioned officer of the Army and executed an oath of office on 18 December 1987. c. He served in a variety of stateside or overseas assignments and he was promoted to Major (MAJ) on 1 March 1996. d. He was honorably discharged on 15 October 1997, under the provision of Army Regulation (AR) 600-8-24 (Officer Transfers and Discharges), paragraph 3-5 (Unqualified Resignation), for miscellaneous/general reasons. He had 15 years, 7 months, and 11 days of total active service and 2 years and 4 days of inactive service, as corrected by his DD Form 215 (Correction of DD Form 214). e. On 28 December 2006, he was assigned to the Retired Reserve, under the provision of AR 140-10, for being medically disqualified – not result of own misconduct. 5. On 8 June 1990 the ABCMR notified the applicant that he was granted constructive service credit for professional work experience. 6. On 5 June 1991, the ABCMR notified the applicant that his date of rank for promotion to first lieutenant was appropriately adjusted, with back pay and allowances. 7. Army Regulation 135-180, under 10 USC 12731a reserve component Soldiers who complete the eligibility requirements will be notified in writing within 1 year after completion of the required service. The Notification of Eligibility for Retired Pay at Age 60 (20 Year Letter) will be issued to Soldiers credited with 20 years of qualifying service and should be issued prior to discharge or transfer to the Retired Reserve. 8. Army Regulation 135-180, under 10 USC 12731b, reserve component Soldiers in an active status who has been determined unfit for continued Selected Reserve service and have at least 15, and fewer than 20 years of qualifying service, will be issued the Notification of Eligibility for Retired Pay (15 Year Letter). 9. By regulation Army Regulation 140-10 states: a. Assignment to the Retired Reserve is authorized as listed below. Eligible soldiers must request transfer if they: * Are entitled to receive retired pay from the U.S. armed forces because of prior military service. * Have completed a total of 20 years of active or inactive service in the U.S. armed forces. * Are medically disqualified for AD resulting from a service–connected disability. * Were appointed based on the condition the soldier immediately apply for transfer to the Retired Reserve. * Reached the age of 37 and completed a minimum of 8 years of qualifying Federal service. * Reached the age of 37, completed a minimum of 8 years of qualifying Federal service and served at least 6 months of AD in time of war or national emergency. * Completed 10 or more years of active Federal commissioned service. * Are medically disqualified, not as a result of own misconduct, for retention in an active status or entry on AD, regardless of the total years of service completed. b. Headquarters, Department of the Army (HQDA) may at any time suspend transfer to the Retired Reserve. Also, HQDA may suspend transfers if the soldier has agreed to remain in the Ready Reserve. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that partial relief was warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. Evidence of record shows he separated after he was found medically disqualified to serve, and that the separation took place after he accumulated less than 20, but more than 15 years of retired pay credit. The Board agreed there is sufficient evidence to grant a 15-year letter; however, his record is absent evidence showing he is authorized a 20-year letter. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :XX :XX XX: GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by requesting that U.S. Army Human Resources Command issue him a 15-year notification of eligibility for retirement. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to issuing him a 20-year notification of eligibility 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, 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 135–180 (Army National Guard and Army Reserve - Retirement for Non-Regular Service), implements statutory authorities governing the granting of retired pay for non-regular service to Soldiers in the Army National Guard (ARNG), Army National Guard of the United States (ARNGUS) or the U.S. Army Reserve (USAR). 3. Army Regulation 140–10 (Army Reserve - Assignments, Attachments, Details, and Transfers), prescribes policies, responsibilities, and procedures to assign, attach, detail, remove, or transfer U.S. Army Reserve (USAR) soldiers. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170013672 5 1