IN THE CASE OF: BOARD DATE: 6 December 2023 DOCKET NUMBER: AR20230007310 APPLICANT REQUESTS: correction of his record to show he was entitled to an early retirement. A personal appearance before the Board via video or telephonically. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 26 November 2017 * Department of Veterans Affairs (VA) letter, 4 April 2023 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, 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 was serving on active duty when his neck was injured. He could not recover from this injury in a timely manner. He served 15 years and 8 months. He is trying to see if he qualifies for a reduced retirement. Soldiers received retirement or redux pay. The goal was to reduce the ranks of non-promotable and problem Soldiers. He did not fall into any of those categories. He feels it is only fair that he receives a reduced retirement. None of the organizations he requested assistance from was able to help or pint him in the right direction. 3. A review of the applicant's official records shows the following: a. On 19 March 1996, the applicant enlisted in the Regular Army. b. On 18 March 2000, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve. He completed 4 years of net active service. c. On 9 March 2006, the applicant enlisted in the Regular Army and served continuously until his medical retirement. d. On 11 March 2010, the Physical Evaluation Board (PEB) convened and found the applicant physically fit for duty in military occupational specialty 14T (Patriot Operator Maintainer). e. On 14 July 2017, the PEB convened and found the applicant physically unfit and recommended his disposition be permanent disability retirement. He concurred with the recommendations and findings and waived a formal hearing. f. On 6 September 2017, Orders Number 249-1311 issued by Headquarters, U.S. Army Garrison, Fort Sill, OK, the applicant was retired by reason of permanent physical disability under the authority of Title 10, USC, section 1201 and 1372. For basic pay purposes he completed 19 years, 4 months, and 14 days of service but for his disability retirement he completed 15 years, 8 months, and 21 days of service. These orders state "Soldier is eligible and has elected not to participate in the Career Status Bonus." g. On 26 November 2017, the applicant was honorably retired from active duty by reason of disability, permanent (enhanced) under the provisions of Army Regulation 635-40 (Disability Evaluation for Retention, Retirement, or Separation), chapter 4 (Disability Evaluation System). He completed 11 years, 8 months, and 21 days of net active service with 4 years of total prior active service. Item 18 (Remarks) is void of an entry pertaining to early retirement. 4. The applicant provides a VA letter dated 4 April 2023, which shows two periods of honorable service from 20 March 1996 through 19 March 2000 and 9 March 2006 through 26 November 2017. 5. On 20 September 2023, in the processing of this case, the U.S. Army Human Resources Command, Chief, Operations Management Division, provided and advisory opinion that states, unfortunately, there are no provisions for a medically retired Soldier to receive reduced retirement benefits in accordance with AR 635-40, Chapter 4. 6. On 21 September 2023, the applicant was provided with a copy of the advisory opinion for comment. He did not respond. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition, available military records and the U.S. Army Human Resources Command (HRC) – Operations Management Division advisory opinion, the Board concurred with the advising official finding no provisions for a medically retired applicant to receive reduced retirement benefits in accordance with AR 635-40, Chapter 4. The Board determined there is insufficient evidence in accordance with the regulation to support the applicant’s contentions that he was entitled to an early retirement. Therefore, the Board denied relief. 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. 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): N/A ? 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 (Age and service requirements) 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 has performed at least 20 years of service computed under section 12732 of this title. Application for retired pay under this section must be made to the Secretary of the military department, or the Secretary of Homeland Security, as the case may be, having jurisdiction at the time of application over the armed force in which the applicant is serving or last served. 3. Department of Defense Financial Management Regulation 7000.14 states an enlisted member may be voluntarily retired after completion of 20 years of creditable service. An enlisted member of the Army or Air Force may be voluntarily retired upon completion of 20 years of creditable service and then becomes a member of the Reserve force. Regular members who have a Date Initially Entered Military Service date on or after 1 August 1986 may elect a reduced retirement (REDUX) accompanied by the Career Status Bonus (CSB). a. Section 010205 (Temporary Early Retirement Authority (TERA)) states TERA provides the Secretary of Defense a temporary force management tool with which to affect the drawdown of military forces and yet maintain an adequate and effective well- trained military force. TERA provides the authority for voluntary retirement of members on active duty with at least 15 years, but less than 20 years of creditable service. An eligible member of the Armed Forces may apply for early retirement under the program and receive an annuity equivalent to 2.5 percent of retired pay base for each year of service completed and a deduction of 1 percent for each year short of 20 years of service. The request is subject to the approval of the Secretary concerned. A member of the Armed Forces approved for early retirement must be currently serving on active duty, complete 15 or more years of active service upon the effective date of retirement, not be under evaluation for disability retirement under Title 10, USC, chapter 61, and meet the grade, skill, years of service, and other eligibility criteria as established by the Secretary of the Military Department concerned. b. Under TERA, the Secretary of the Military Department concerned may reduce the 20 years of creditable service requirement to as few as 15 years for retirements during the period of 31 December 2011 through 31 December 2025, for Regular retirements only. During the period of 23 October 1992 through 1 September 2002, TERA provided for Regular and non-Regular retirements. 4. Army Regulation 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// ABCMR Record of Proceedings (cont) AR20230007310 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1