IN THE CASE OF: BOARD DATE: 21 January 2020 DOCKET NUMBER: AR20170019063 APPLICANT REQUESTS: * Correction of her retirement order to reflect 20 years 5 months and 22 days of service * Correction of her retirement order to reflect completion of 4 years of active duty * Correction of her retirement order to reflect “yes” in both areas applicable to disability associated with combat duty * Issuance of a Notice of Eligibility for Retirement Pay at age 60 (20 Year Letter) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Memorandum for Record: Request for Reconsideration of Informal PEB * DA Form 199 (Informal Physical Evaluation Board Proceedings) * Memorandum for Record: Permanent Physical Disability Retirement * Order# D 211-11 * DA Form 5016 (Chronological Statement of Retirement Points) * Email communication with Army Human Resources Command (AHRC) * Memorandum for Record: Disagreement of Award Amount Paid to FACTS: 1. The applicant states that she was medically retired in September of 2015. At the time of her retirement, she had accumulated 20 years 5 months and 22 days of military service; however, her retirement order only reflects 8 years of service as of 2010. She also contests the injuries sustained while in service resulting in her medical retirement were combat related which should entitle her to Combat Related Special Compensation (CRSC). She has been unable to apply for CRSC in absence of a 20 year letter that she never received because she is already receiving a medical retirement. She was advised that she is eligible for a 20 year retirement because she completed the 20 year requirement for retirement. 2. A review of the applicant’s available service records reflects the following on: * 7 April 1987 – she enlisted in the Army and was ordered to Active Duty * 10 April 1990- she was discharged from the Army due to parenthood and transferred into the Army Reserve Control Group (Reinforcement); credited with over 3 years of active service * 15 March 2000 – she enlisted in the Army Reserve * 21 February 2003 – she was ordered to active duty * 19 February 2005 – she was released from active duty and transferred back into the Army Reserve; credited with over 1 year of active service * 23 June 2015 (DD Form 199) – (reconsideration of PEB) her injuries were determined to not be based on disease or injury incurred in the line of duty in combat with an enemy of the United States and as a direct result of armed conflict or caused by an instrumentality of war and incurred in the line of duty during a period of war, however, the disability did result from a combat-related injury under the provisions of 26 USC 104 * 30 July 2015 (Order# D 211-11) - she was placed on the retired list due to a permanent physical disability effective 3 September 2015; credited with 8 years 10 months 28 days towards her disability retirement and 23 years 5 months and 21 days for pay; disability resulted from a combat related injury as defined by 26 USC 104 reflects “Yes”; Disability based on injury or disease received in the line of Duty as a direct result of Armed Conflict or caused by an instrumentality of war and incurred in the Line of Duty during a war as defined by law reflects “No” 3. The applicant provides the following: * DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 10 April 1990 reflective of 3 years and 3 days of active service * DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 19 February 2005 reflective of 1 year 11 months and 29 days of active service * Memorandum for Record: Request for Reconsideration of Informal PEB dated 28 May 2015 – reflective of her contesting the PEB’s previous determination; she states that her injury should be considered combat related and that she should be awarded the V3 designation * DA Form 199 (Informal Physical Evaluation Board Proceedings) dated 23 June 2015 – reflective of her being rated at 50 percent; she waived a formal hearing and did not request reconsideration of her Veteran Affairs (VA) ratings; additional information is captured above in paragraph 2 * Memorandum for Record: Permanent Physical Disability Retirement dated 30 July 2015 – reflective of her being recommended for retirement based on a medical disability with a rating of 50 percent * Order# D 211-11 dated 30 July 2015 – reflective of her retirement effective 3 September 2015; credited with 8 years 10 months 28 days towards her disability retirement and 23 years 5 months and 21 days for pay; disability resulted from a combat related injury as defined by 26 USC 104 reflects “Yes”; Disability based on injury or disease received in the line of Duty as a direct result of Armed Conflict or caused by an instrumentality of war and incurred in the Line of Duty during a war as defined by law reflects “No” * DA Form 5016 (Chronological Statement of Retirement Points) dated 13 July 2017 – reflective of her service from 24 February 1987 through 4 September 2015; total points awarded 3279; 20 years 5 months and 22 days of qualified service for retirement * Email communication from AHRC, dated 9 August 2017, stating the applicant needs to be age 60 to apply for retirement and CRDP, and that she can request a 20 year letter from the ABCMR and if approved, HRC will complete the letter and from the National Personnel Records Center dated 18 July 2017 – reflective of her being advised to contact the Army Review Boards Agency regarding a 20 year letter if she served 20 years before she was medically retired and did not receive a 20 year letter * Memorandum for Record: Disagreement of Award Amount Paid to applicant dated 17 October 2017 – reflective of her contention with the calculation of her retirement pay (years of service), her completion of greater than 4 years of active service not being identified on her retirement orders and that her retirement orders do not reflect that she has a disability caused by a direct result of armed conflict or caused by an instrumentality of war – resulting in her inability to apply for CRSC and Concurrent Retirement and Disability Pay (CRDP) 4. See all applicable guidance below under REFERENCES. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, her record of service, the DD Forms 214 and DA Form 5016 in her records, the MEB/PEB proceedings, the entries on the DA Form 199 and the entries on her medical retirement orders related to the source of her disability. The Board considered the correspondence with Army HRC regarding issuance of a 20-year letter. The Board found that the applicant was eligible for a 20-year letter prior to her medical retirement. The Board found, based on the updated DA Form 5016 and the date of her placement on the TDRL, that the applicant’s Disability Retirement Time required correction. The Board did not find evidence to support an error in the applicant’s orders specific to her disability being incurred as a direct result of Armed Conflict or caused by an instrumentality of war. The Board found that entry regarding completion of over 4 years of active service as Enl or WO applied to 1LTs and CPTs only; there was no error. Based on a preponderance of evidence, the Board determined that corrections to the applicant’s record was appropriate. 2. After reviewing the application and all supporting documents, the Board found that partial relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X 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: - Amending orders D 211-11 dated 30 July 2015 to show the entry for Disability retirement: “09 Year(s), 1 Month(s), 9 Day(s), and; - Issuing the applicant a 20-year letter for non-regular 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 further changes to the retirement order. 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. AR 310-10 (Military Publications) states that an order may be corrected by the organization that published the original order to show the true state of affairs existing at the time the original order was published 2. Army Regulation (AR) 135-180 (Retirement for Non-Regular Service states that Under 10 USC 12731 a Reserve Soldier who completes the eligibility requirements in section I will be notified in writing within 1 year after completion of the required service in accordance. 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. The Notification of Eligibility for Retired Pay at Age 60 (20 Year Letter) will be issued in the name of the appropriate official designated in paragraph a and will be authenticated by the handwritten signature of the official immediately responsible for the determination of the eligibility of the Soldier being notified. A copy of the notification will be filed in the Soldier’s electronic Army Military Human Resource Record. a. Combat Related Special Compensation (CRSC) is a monthly payment that restores military retired pay offset when a military retiree accepts compensation from the VA for a disability or condition that can be attributed to a combat related event. This allows eligible retirees to receive an amount equal to or less than their length of service retirement pay and their VA disability compensation, if the injury is combat- related. b. Concurrent Retirement and Disability Payment (CRDP) entitles eligible military retirees with a length of service retirement (20 Year Notification of Eligibility for Retired Pay) and a VA disability rating of 50 percent or higher to receive both their military retired pay and VA disability compensation. 3. Title 10 USC §12731(d) states that the Secretary of the Army shall notify each person who has completed the years of service required for eligibility for retired pay under this chapter. The notice shall be sent, in writing, to the person concerned within one year after the person completes that service. The notice shall include notice of the elections available to such person under the Survivor Benefit Plan established under subchapter II of chapter 73 of this title and the Supplemental Survivor Benefit Plan established under subchapter III of that chapter, and the effects of such elections. 4. Concurrent Retirement and Disability Pay (CRDP) states that to be eligible you must be eligible for retired pay to qualify for CRDP. If you were placed on a disability retirement, but would be eligible for military retired pay in the absence of the disability, you may be entitled to receive CRDP. Under these rules, you may be entitled to CRDP if you are a regular retiree with a VA disability rating of 50 percent or greater or you are a Reserve retiree with 20 qualifying years of service, who has a VA disability rating of 50 percent or greater and who has reached retirement age. 5. Combat Related Special Compensation (CRSC) states that to be eligible you must be entitled to and/or receiving military retired pay, rated at least 10 percent by the Department of Veteran’s Affairs (VA), waive your VA pay from your retired pay and file a CRSC application with your Branch of Service. Disabilities that may be considered combat related include injuries incurred as a direct result of: armed conflict, hazardous duty, an instrumentality of war and or simulated war. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170019063 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1