ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 September 2019 DOCKET NUMBER: AR20190002507 APPLICANT REQUESTS: * correction of his record to show he was issued a Memorandum of Eligibility for Retirement at Age 60 (15-Year Letter) * retirement pay APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Letter from Army Human Resources Command (HRC) denying retirement pay * Chronological Statement for Retirement Points * Orders Number 021-34 transferring him to US Army Reserve (USAR) Control Group (Reinforcement) dated 21 January 1999 * DD form 2656 (Date for Payment of Retried Personnel) * DD Form 108 (Application for Retired Pay Benefits) * Orders Number D-04-218527 discharging him from the USAR dated 30 April 2002 * retired military identification card * letter from the National Personnel Records Center (NPRC) * business card from Congressional Case Worker 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 did not receive his 15 year letter for retirement. He was injured in the line of duty and believes there was a clerical error which caused him not to receive his 15 year letter. 3. A review of the applicant’s service records show the following on: * 21 January 1982 – he was hit by a vehicle when marching after flag duty * medical records show he continued to have back and hip issues throughout his enlistment in the Regular Army * his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he voluntarily transitioned from the Regular Army on 15 July 1992 and was transferred to the USAR Control Group (Reinforcement) * a DD Form 4/1 (Enlistment/Reenlistment Document Armed Forces of the United States) shows he enlisted in the USAR on 11 July 1993 for a period of 6 years * a letter from his chiropractor, dated 24 April 1997, showing he has been treating the applicant and the applicant was required to change jobs because he could not do heavy lifting * a letter from his chiropractor, dated 1 August 1997, showing the applicant's symptoms are going to reoccur from his accident on 21 January 1982; the applicant has a 10 to 15 percent permanent partial disability * a Department of Veterans Affairs (VA) rating decision, dated 16 December 1997 showing he was increased to 20 percent disability for traumatic arthritis * a memorandum from Headquarters, 81st Regional Support Command, dated 5 February 1998 subject: Medically Unfit for Retention 4. The applicant provides the following documents for the Board's consideration: * a letter from HRC which states: * a Reserve Solider must have completed a minimum of 20 qualifying years of service to be creditable for retirement * the applicant completed 16 years, 00 months, and 02 days of qualifying service for retirement * HRC denied his application for retired pay * a DA Form 5016 (Chronological Statement of Retirement Points) which shows he has 16 years, 00 months, and 2 days of service * Orders 021-034 transferring him to USAR Control Group (Reinforcement) for Medical Disqualification - Retired Reserve, effective 31 January 1999 * a DA Form 2656 wherein the applicant requests retirement pay * a DD Form 108 wherein the applicant applies for retirement pay * Order D-04-218527 discharging the applicant from the USAR effective 30 April 2002 * a retired ID Card for the USAR with an expiration date on 14 June with an unknown year * a letter from the NPRC stating they have no authority to review and approve amendments or corrections to military records * a business card from a Congressional Caseworker/Service Academy Liaison 5. The U.S. Army Human Resources Command reviewed the applicant's records and rendered an advisory opinion in his case on 23 July 2019. After a thorough review, the Chief, Reserve Component Retirements Branch opined that, the applicant has 16 years and 2 days of qualifying service. To be eligible for a 15 year retirement, the applicant must have been medically retired or serving in a unit that was being downsized, deactivated, or relocated at the time the applicant attained 15 years. It is the opinion the applicant was honorably discharged for Expiration of ARNG or USAR service obligation; therefore, is not eligible for a 15 year letter. A copy of the complete advisory opinion has been provided to the Board for their review and consideration. 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 submitted a copy of his retired military identification card and his orders showing reassignment due to medical disqualification- Retired Reserve. 7. Army Regulation 135-210 (Order to Active Duty as Individuals for Other Than Presidential Selected Reserve Call-up, Partial or Full Mobilization) states, individual Ready Reserve (IRR) Soldiers who are assigned to reinforcement (Reinf), can volunteer to support contingency operations but must be screened and certified as skill qualified. 8. Presidential Executive Orders, governed by DoD Instruction 1235.12, (Accessing the Reserve Components), applicable to Department of Defense and Army Policies is the implementation regulation and instruction of laws and US Code to activate, mobilized and deploy Selective Reserve and the Individual Ready Reserve (IRR) to active duty. 9. Army Regulation (AR) 135-180 (Army National Guard and Army Reserve Retirement for Non-Regular Service) states that in the case that a member of the Selected Reserve is found medically disqualified for continued service, for purposes of qualifying service for non-regular retirement, he or she may be issued a notification of eligibility if the member completed at least 15 years, but less than 20 years, and served the last 6 years of qualifying service in a component other than a regular component. BOARD DISCUSSION: The Board carefully considered the applicant’s request, supporting documents, and evidence in the record and found that relief was not warranted. The Board agreed with the HRC advisory opinion and found that the applicant was separated due to a medical disqualification that did not meet the medical standards of a medical retirement and therefore is not eligible for a non-regular retirement. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. X CHAIRPERSON 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. 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 ARNG, Army National Guard of the United States (ARNGUS) or the U.S. Army Reserve (USAR). Chapter 2 provides eligibility criteria and states, in pertinent part, that in order to qualify for non-regular retirement, a member must have completed one of the following: a. A minimum of 20 years of qualifying service computed under Title 10 USC, section 12732; or, b. Fifteen 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, and none of the conditions in Title 10 USC, section 12731b(b) exist. 3. Army Regulation 140-1 (Mission, Organization, and Training) states, Control Group (Reinforcement) consists of all other nonunit Ready Reserve soldiers not assigned to another control group. Table 2-1 states an individual in USAR Control Group (Reinforcement) can earn retirement points. 4. Army Regulation 135-210 (Order to Active Duty as Individuals for Other Than Presidential Selected Reserve Call-up, Partial or Full Mobilization) states, individual Ready Reserve (IRR) Soldiers who are assigned to reinforcement (Reinf), can volunteer to support contingency operations but must be screened and certified as skill qualified. 5. Army Mobilization and Deployment Reference states, Army Directive 2017-09 (Management of the Individual Ready Reserve) outlines a priority of effort that enables mobilization readiness in support of our National Security Strategy. The Individual Ready Reserve (IRR) are individual Soldiers who are train in a military occupational specialty (MOS), through their service in the active forces or in the Selected Reserve, and are available for mobilization in time of war or national emergency. Presidential Executive Orders, governed by DoD Instruction 1235.12, (Accessing the Reserve Components), applicable to Department of Defense and Army Policies is the implementation regulation and instruction of laws and US Code to activate, mobilized and deploy Selective Reserve and the Individual Ready Reserve (IRR) to active duty. a. The IRR is a manpower pool consisting of individuals who have had training and have previously served in the Active Army or Selected Reserve. It is comprised of Soldiers who must fulfill their Military Service Obligation (MSO) under Section 651 of Title 10 USC, Soldiers fulfilling a service obligation incurred via contract, and those who have fulfilled their MSO and who voluntarily remain in the IRR. . b. IRR Soldiers are subject to involuntary active duty (AD) for training and fulfillment of mobilization requirements, in accordance with Sections 12301(a) and 12302 of 10 USC. Consider IRR Soldiers immediately available when ordered to AD under Section 12301(a) or 12302 of 10 USC, or other applicable provisions of law authorizing the order of the Ready Reserve to AD. //NOTHING FOLLOWS//