ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 9 September 2019 DOCKET NUMBER: AR20160015439 APPLICANT REQUESTS: * correction of his record to show he was issued a 15-Year Letter to qualify for retired pay at age 60 * placement on the Retired List * correct deficiencies of retired points for 1973 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Memorandum, Subject: Request for Discharge, dated 10 June 1991 * Memorandum, Subject: Medically Unfit for Retention for the applicant, dated 20 February 1992 * Memorandum, Subject: Discharge Due to Medical Disqualification for Retention, dated 24 February 1992 * DA Form 4651-R (Request for Reserve Component Assignment or Attachment), dated 23 March 1992 * Orders Number 56-02, dated 29 April 1992 * DA 5016 (Chronological Statement of Retirement Points), dated 26 January 2018 * U.S. Army Human Resources Command (HRC) letter, dated 7 February 2018 * DA Form 2-1 (Personnel Qualification Record (PQR)) 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 an injustice occurred because he was not allowed to go through the medical evaluation board before he completed 20 years of military service, and he received orders indicating he was assigned to the Retired Reserves. He never received a 15-Year Letter (see Memorandum, dated 24 February 1992, that indicated he elected to be transferred to the Retired Reserve in accordance with Army Regulation 140-10 (Assignments, Attachments. Details and Transfers) paragraph 6-1(a)(8). He entered active duty for 2 years, then immediately transferred to the U.S. Army Reserve (USAR), and continued in the USAR until 2 March 1992, when he was medically discharged. It was his understanding he had 20 years of service, but his records show he only had 19 years of service. 3. A review of the applicant’s service records show the following on: * 10 May 1968 – inducted into the Army of the United States * 7 May 1970 – honorably released from active duty and transferred to the USAR Control Group (Annual Training), DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he completed 1 year, 11 months, and 28 days of net service * 16 April 1977 – enlisted in the USAR for a period of 6 years and served through multiple extensions and reenlistments; DA Form 2-1 shows from on or about December 1973 to on or about July 1977 he served as a water supply specialist for a total of 43 months * 24 February 1992 – by memorandum, the applicant was notified by his immediate commander he was found to have a medical condition which rendered him medically disqualified for further retention in the USAR, and the applicant elected transfer to the Retired Reserve * 23 March 1992 – DA Form 4651-R was completed by the applicant showing he requested transfer to the Retired Reserve in accordance with AR 140-10, chapter 6, section 6-1(a)(8) * 29 April 1992 – Orders Number 56-02, issued by USAR, PR reassigned the applicant to the USAR Control Group (Retired), effective 20 March 1992 * DA Form 5016, dated 27 March 2019, shows he completed 19 years of qualifying service for retirement 4. The applicant provides: * Memorandum, Subject: Request for Discharge, showing the request for discharge was returned for further processing indicating additional actions to be completed * Memorandum, Subject: Medically Unfit for Retention, showing the request for discharge was returned for additional documentation * DA Form 5016, dated 26 January 2018, showing at the time he had 19 years of qualifying service for retirement * HRC letter wherein his retirement application was being returned for missing a 20 or 15-Year Letter 5. On 27 July 2018, HRC reviewed the applicant's records and rendered an advisory opinion in his case. After a thorough review, the Chief, Reserve Component Retirements Branch opined that: a. The Reserve Component Retirement Branch had reviewed the applicant’s military records. The applicant had 19 years of qualifying service. To be eligible for a 15 year retirement, a Soldier must be medically unfit because of physical disability or serving in a unit that was being downsized, deactivated, or relocated at the time the Soldier attained 15 years. b. The applicant was determined medically unfit for retention [at 19 years. He had the option at that time to be placed in the Retired Reserve with having less than 20 qualifying years of service. Therefore, the applicant was not eligible for a 15-Year Letter. 6. 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. 7. AR 135-180 (Army National Guard (ARNG) and Army Reserve – Qualifying Service for Retired Pay Non-Regular Service), states: a. Each Reserve Component Soldier who completes the service required to be eligible for retired pay at age 60 will be notified in writing within 1 year after he/she completes at least 15 but less than 20 years of qualifying service under Title 10, USC, section 12731a and 12731b. To be eligible for retired pay at or after age 60 an individual must have completed 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 years, 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. b. Paragraph 2-8 defines qualifying service and states, in pertinent part, that a Reserve Component Soldier must earn a minimum of 50 retirement points each retirement year to have that year credited as qualifying service. Service in the Retired Reserve is not creditable as qualifying service. c. Paragraph 2-10 defines computation of service and awards 15 points for each year of membership in an active status in a Reserve Component and 1 point for each authorized participation in drills or periods of instruction. 8. Title 10 USC, section 3966 states the Secretary of the Army shall maintain a retired list containing the name of each retired enlisted member of the Regular Army. BOARD DISCUSSION: 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 the evidence presented is 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: - Transfer 37 creditable points from the applicant’s RYE 19860510 – 19870509 to RYE 19910510 – 19920320 so it reflects 50 points; - Reflect RYE 19910510-19920320 as a qualifying year for retirement; - Issue the applicant a 20-year letter for non-regular retirement as a result of this correction; - Show that the applicant was transferred to the Retired Reserve and that he is eligible for non-regular retirement at age 60. 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. AR 135-180 ARNG and Army Reserve – Qualifying Service for Retired Pay Non- Regular Service), states: a. Each Reserve Component Soldier who completes the service required to be eligible for retired pay at age 60 will be notified in writing within 1 year after he/she completes at least 15 but less than 20 years of qualifying service under Title 10, USC, section 12731a and 12731b. To be eligible for retired pay at or after age 60 an individual must have completed 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 years, 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. b. Paragraph 2-8 defines qualifying service and states, in pertinent part, that an Reserve Component Soldier must earn a minimum of 50 retirement points each retirement year to have that year credited as qualifying service. Service in the Retired Reserve is not creditable as qualifying service. c. Paragraph 2-10 defines computation of service and awards 15 points for each year of membership in an active status in a Reserve Component and 1 point for each authorized participation in drills or periods of instruction. 3. Title 10 USC, section 3966 states the Secretary of the Army shall maintain a retired list containing the name of each retired enlisted member of the Regular Army. ABCMR Record of Proceedings (cont) AR20160015439 4 1