IN THE CASE OF: BOARD DATE: 12 September 2023 DOCKET NUMBER: AR20230002511 APPLICANT REQUESTS: correction of the Former Service Member's (FSM) records to show he was eligible for retirement pay at the age of 60. A personal appearance before the Board. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: • DD Form 149 (Application for Correction of Military Record) • Self-Authored Letter • DA Form 61 (Application for Appointment) • DA Form 71 (Oath of Office - Military Personnel) • DD Form 214 (Certificate of Release or Discharge from Active Duty) • FSM Motivational Statement • State of Wisconsin Department of Health Services Certificate of Death • State of Minnesota Marriage Certificate • State of South Carolina Certificate of Appointment FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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 in her application and self-authored letter, in effect: a. Her husband, the FSM, was in the U.S. Army Reserve (USAR) for almost 18 years. He had multiple deployments both overseas and stateside. He was removed from the USAR when he turned 60 years old, in 2014. This was not due to an inability to do his job or due to an inability to pass the Army Physical Fitness Test (APFT). b. When he joined the military, he knew he would end up with a Mandatory Removal Date (MRD) due to age. The applicant does not think the FSM anticipated the satisfaction he felt being a part of the Army. The FSM missed "sanctuary" by four months. He contacted the military and requested an extension, but it was not approved. He followed through with his chain of command and did not take it any further than that. The applicant wanted to contact her Senator, but the FSM was still coming to terms with leaving. As an honorably discharged captain, the applicant witnessed surgeons who were allowed to remain in the military past their MRD and, in many instances, unable to pass the APFT. c. On 24 March 2021, at approximately 0800, the FSM lost his battle with post-traumatic stress disorder and took his own life. The FSM struggled to talk about it as it conveyed weakness and he was trying to get back in the Army. The applicant believes this was a significant reason why he did not seek additional help from the Department of Veterans Affairs. His last written words were about the "demons in his head" due to his military experiences. d. The applicant believes the FSM should be considered as retired and that his family receive benefits that would have resulted if he had been allowed to continue to serve his country in 2014. Once he was honorably discharged, he missed the camaraderie and support that he found as a military officer among other servicemen and women who had the same experiences. He also felt cheated of the ability to say he was retired or to use "ret" after his name and rank. This was after two tours to Iraq and one to Afghanistan. He volunteered to be deployed if the Army would provide him sanctuary. e. The FSM met an Army recruiter in 2018 at a nurse anesthesia state meeting and the recruiter told him he could probably get the FSM back into the Army to finish his 20 years. During the process, the FSM was required to stop taking his anti-anxiety medications and he was feeling very good then. He stopped his medication in consultation with his physician. The FSM wanted to be recognized for his service and the sacrifices that they all made as a family. 3. The FSM's service record contains the following documents for the Board's consideration: a. DD Form 214 (Report of Separation from Active Duty) shows the FSM was honorably discharged from the U.S. Air Force. He had entered active duty on 8 September 1978 and was released on 21 September 1978. He completed 14 days of active duty service. b. DA Form 71 shows the FSM completed the oath of office as a Reserve commissioned officer on 6 August 1996. c. DD Forms 214 (Certificate of Release or Discharge from Active Duty), show the FSM, as a member of the USAR: (1) Entered active duty on 1 March 2003 and was released on 29 July 2003 by reason of completion of required active service. He completed 4 months and 29 days of active duty service. (2) Entered active duty on 12 September 2004 and was released on 3 January 2005 by reason of completion of required active service. He completed 3 months and 22 days of active duty service. He had 6 months and 16 days of prior active duty service and 7 years, 6 months, and 20 days of inactive duty service. He was ordered to active duty in support of Operation Iraqi Freedom. He had service in Kuwait and Iraq from 19 September 2004 through 16 December 2004. (3) Entered active duty on 31 March 2007 and was released on 27 July 2007 by reason of completion of required active service. He completed 3 months, and 27 days of active duty service. He had 10 months and 8 days of prior active service and 9 years, 9 months, and 17 days of total prior inactive service. He had service in Afghanistan from 7 April 2007 through 12 July 2007. (4) Entered active duty on 4 May 2009 and was released on 14 August 2009 by reason of completion of required active service. He completed 3 months and 11 days of active duty service. He had 1 year, 2 months, and 24 days prior active service and 11 years, 6 months, and 4 days of total prior inactive service. d. Orders Number D-02-403788, published by the U.S. Army Human Resources Command (AHRC), dated 20 February 2014, honorably discharged the FSM from the USAR, effective 31 March 2014. e. DA Form 5016 (Chronological Statement of Retirement Points), dated 14 March 2023, shows the FSM was in the USAR from 6 August 1996 through 31 March 2014. He had 17 qualifying years for retirement. 4. The applicant provides the following documents, not previously considered for the Board's consideration: a. DA Form 61 wherein the FSM was requesting commission in the USAR in the Army Nurse Corps. b. A Motivational Statement from the FSM, which states, in effect: (1) Service to our country is a privilege and honor. Having served nearly 18 years previously with USAR he knew this firsthand. His three deployments and one mobilization to serve as a U.S. Army officer and Certified Registered Nurse Anesthetist were some of his most memorable life events to date. He hoped to have the opportunity to continue that service to his country by returning to the USAR. (2) During his prior military service, he was promoted three times rising from his commissioning rank of second lieutenant to his discharge rank of major. Those promotions were a result of his decision, once he was commissioned, to do what was asked of him and seek out opportunities to serve the units he was assigned in a multitude of rolls, meeting or exceeding the established standards. At the time of his honorable discharge, he had completed numerous military officer educational courses up to Command and General Staff College. He was eligible for promotion to lieutenant colonel, at that time. (3) His desire was to return to the U.S. Army to continue service to this county in a role that served a critical function as part of the Army Medical Department. Anesthesia services are vital to the delivery of battlefield medicine and provides the greatest opportunity for those who place their lives in harm's way to survive if injured. He knew what was required firsthand as he served in three mobilizations to Iraq and Afghanistan on Forward Surgical Teams. (4) Outside the military, he continued his formal education achieving a Doctor of Nurse Practice. He had been recognized in his civilian career by the achievement of Fellow status in the American College of Healthcare Executives and obtained certification in executive nurse practice. He had risen throughout his career in leadership positions with multiple organizations taking on larger and larger roles in leadership to help them achieve the mission and goals assigned. The FSM requested that he could return to the USAR to continue his past service and be a member of the greatest military organization in the world. c. State of Wisconsin Department of Health Services Original Certification of Death shows the FSM died on 24 March 2021 by suicide. He was 67 years of age at the time of death. d. State of Minnesota Marriage Certificate shows the FSM and applicant were married on 22 May 2004. e. State of South Carolina, Probate Court, Certificate of Appointment shows the applicant was appointed as the FSM's personal representative on 20 July 2021. 5. On 18 March 2023, the AHRC, Chief, Operations and Readiness Division, provided an advisory opinion for the Board's consideration, which states, in effect, the applicant requests for USAR Retirement for the FSM. To be eligible for retired pay at age 60, under Title 10, USC, sections 12731 through 12737, a Reserve Soldier must have completed a minimum of 20 qualifying years of service, to be creditable for retirement. AHRC reviewed the FSM's military records and determined he had 17 qualifying years of service. Therefore, he was not eligible for retired pay at age 60. 6. On 28 April 2023, the advisory opinion was provided to the applicant to allow her the opportunity to respond. She did not respond. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The evidence shows the FSM served in the USAR from 6 August 1996 through 31 March 2014. His DA Form 5016 shows he completed 17 qualifying years for retirement. By law (and regulation), to be eligible for retired pay at age 60, under Title 10, USC, sections 12731 through 12737, a Reserve Soldier must have completed a minimum of 20 qualifying years of service, to be creditable for retirement. The Board noted that the FSM completed 17 qualifying years of service. Therefore, he does not meet the statutory requirements to be eligible for retired pay at age 60. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING xx: xx: xx: 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. 9/12/2023 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 3 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 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Title 10, USC, section 12731, states except as provided in subsection (c), a person is entitled, upon application, to retired pay computed under section 12739 of this title, if the person—(1)has attained the eligibility age applicable under subsection (f) to that person; (2)has performed at least 20 years of service computed under section 12732 of this title. 3. Army Regulation (AR) 135-180 (Retirement for Non-Regular Service) prescribes policies and procedures governing non-regular retirement. Paragraph 2–4. Notification of Eligibility for Retired Pay at Age 60 (20 Year Letter), under Title 10, USC, section 12731a Reserve Component (RC) Soldiers who complete the eligibility requirements in section I will be notified in writing within 1 year after completion of the required service in accordance with AR 140–185. 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 by the U.S. Army Human Resources Command (HRC) for all U.S. Army Reserve Soldiers except for those who are within 2 years of qualifying for an active duty retirement and can remain on active duty to complete the required service. The Notification of Eligibility for Retired Pay at Age 60 (20 Year Letter) will be issued in the format determined by HRC. 4. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS//