IN THE CASE OF: BOARD DATE: 1 May 2020 DOCKET NUMBER: AR20190002004 APPLICANT REQUESTS: amendment of U.S. Army Human Resources Command (HRC) Orders C-02-890155, dated 19 February 2008, to add a statement that she received her Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * Memorandum, Applicant, dated 7 October 2018, subject: Amendment to Temporary Disability Retired List (TDRL) and Permanent Disability Retired List Orders, with nine enclosures * Letter, HRC, dated 18 December 2018 REFERENCES: 1. Title 10, U.S. 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 Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Concurrent Retirement Disability Pay (CRDP) allows military retirees to receive both military pay and Department of Veterans Affairs (VA) compensation. A veteran must be eligible for retired pay to qualify for CRDP. Under these rules, a veteran may be entitled to CRDP if the veteran is: * a regular retiree with a VA disability rating of 50 percent or greater * 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 * retired under the Temporary Early Retirement Act and has a VA disability rating of 50 percent or greater * a disability retiree who earned entitlement to retired pay under any provision of law other than solely by disability, and has a VA disability rating of 50 percent or greater 3. Army Regulation 600-8-105 (Military Orders) prescribes the policies and mandated operating tasks for the orders program of the military personnel system. Paragraph 2-26 (Corrections) states an order may be corrected to show the true state of affairs existing at the time the original order was published. FACTS: 1. The applicant did not file within the 3-year time frame a provided in Title 10, U.S. Code, section 1552(b); however, the 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 she is supposed to be entitled to CRDP at age 60, if not sooner. The Defense Finance and Accounting Service (DFAS) says she needs to have her original orders amended to say she received her 20-year letter, even though DFAS has a copy of her 20-year letter. Her TDRL orders show she has more than 26 years for basic pay purposes, but do not have language stating she received her 20-year letter. DFAS will not be able to pay CRDP without that language in her TDRL orders. 3. She was serving in the U.S. Army Reserve in the rank/grade of sergeant/E-5 when she was ordered to active duty in an Active Guard Reserve status effective 14 March 1999 (U.S. Army Reserve Personnel Command Orders R-03-001577, dated 8 March 1999). 4. U.S. Army Reserve Personnel Command memorandum, dated 25 June 2003, subject: Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter), states she completed the required years of qualifying Reserve service and is eligible for retired pay upon application at age 60. 5. The DA Form 199 (Physical Evaluation Board (PEB) Proceedings), dated 5 December 2007, shows her impairment is rated at a disability level of 30 percent or more, but is such that a permanent evaluation is not yet possible. She was therefore placed on the TDRL. 6. HRC Orders C-02-890155, dated 19 February 2008, released her from her assignment and duty because of physical disability incurred while entitled to basic pay and under conditions that permit her placement on the TDRL. The orders show her date of separation as 25 April 2008, date placed on the Retired List as 26 April 2008, and her basic pay based on 26 years, 11 months, and 4 days. The orders do not show she received her 20-year letter. 7. She was honorably released from the U.S. Army Reserve Active Guard Reserve on 25 April 2008. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows her type of separation as "Retirement" and narrative reason for separation as "Disability, Temporary." 8. U.S. Army Physical Disability Agency Orders D077-40, dated 18 March 2010, removed her from the TDRL because of permanent physical disability effective 18 March 2010 and permanently retired her effective 19 March 2010. 9. Her DA Form 5016 (Chronological Statement of Retirement Points), dated 28 March 2020, shows she has 23 years, 11 months, and 4 days of qualifying service for retirement. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant’s contentions, her military record, and regulatory guidance were carefully considered. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. The Board determined there is sufficient evidence to grant relief and amend U.S. Army Human Resources Command (HRC) Orders C-02-890155, dated 19 February 2008, to add a statement showing the applicant received her 20 Year Letter - Notification of Eligibility (NOE) for Retired Pay at Age 60 on 25 June 2003. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XXX :XXX :XXX 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 amending U.S. Army Human Resources Command (HRC) Orders C-02-890155, dated 19 February 2008, to add a statement showing the applicant received her 20 Year Letter - Notification of Eligibility (NOE) for Retired Pay at Age 60 on 25 June 2003. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190002004 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1