| Mr. Carl W. S. Chun | Director | |
| Ms. Joyce Wright | Analyst |
| Mr. Raymond V. O’Connor, Jr. | Chairperson | |
| Mr. Lawrence Foster | Member | |
| Ms. Margaret V. Thompson | Member |
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, transfer to the Retired Reserve.
2. The applicant states that he has sufficient time for retirement purposes and that his last 9 years were in a Reserve Component (RC). He also states that his serious injury prevented him from attending physical training.
3. The applicant provides a copy of a letter, dated 13 April 1982, and copies of documents from his medical records.
4. The applicant provides an additional statement of facts. He states that in 1977, he joined the Reserve and intended to remain for 15 years. At the time of his enlistment, he was informed that he only needed 6 years in order to qualify for retirement at age 62. Upon filing his application for retirement, he discovered that the retirement age was sixty (60) and that a minimum of eight (8) years in the RC were required. In 1983, he suffered a very serious injury that prevented him from performing his physical activities. He assumed that he would not be able to pass a physical or continue activities in the Reserve in a satisfactory state. He now feels that he has adequately served his country well and could definitely use the retirement benefits.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of injustice which occurred on 28 April 1986, the date of his discharge. The application submitted in this case is dated 8 April 2003.
2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.
3. The applicant military records show he enlisted in the US Army Reserve (USAR) on 18 June 1977, with prior active duty service of 11 years, 10 months, and 8 days.
4. He was promoted to sergeant first class (SFC/E-7) effective 2 February 1980.
5. On 25 March 1983, the applicant was admitted to the hospital for removal of his pelvic hoffman. He was diagnosed as having a left pelvic fracture and pubic diastasis. He was discharged to home to resume all pre-hospital activities in 6 weeks.
6. He reenlisted in the USAR on 29 April 1983 for a period of 3 years with an established expiration of term of service (ETS) of 28 April 1986.
7. On 24 January 1984, he was released from his troop program unit (TPU) and was assigned to the USAR Control Group (Reinforcement).
8. On 28 April 1986, he was honorably discharged from the USAR Control Group (Reinforcement), in the rank of SFC by reason of ETS.
9. The applicant provided a copy of letter, dated 13 April 1992, that he wrote to the Army Reserve Personnel Center (ARPERCEN). He attempted to establish eligibility for retirement based on his active duty and Reserve service and requested that he be supplied with all of the available information.
10. The applicant's records contain a copy of a memorandum from the Chief, Transitions and Separation Branch, Army Reserve Personnel Command (AR-PERSCOM). This memorandum was in reply to his Application for Retired Pay Benefits. It stated that Title 10, United States Code (USC), sections 12731-12737, authorized retired pay for current and former members of the RC who have reached age 60 and completed a minimum 20 years of qualifying service. The last 8 years of qualifying service must be performed as a member of the RC. Service in an inactive Reserve status, such as the Retired Reserve, is not creditable for retirement purposes. After 1 July 1949, a Reserve soldier must have earned at least 50 retirement points per year for that service to be creditable for retirement.
11. An audit of the applicant's records show that he completed 24 years, 11 months, and 14 days of total service both qualifying and non-qualifying. His last period of active duty service was from 17 May 1971 through 31 March 1977 and is shown as Regular Army (RA) service. He was credited with 20 years, 1 month, and 4 days qualifying service for retired pay benefits as shown on his Chronological Record of Military Service, dated 31 July 2002. This statement shows that his last 9 years were in a RC and that five of those years were qualifying for retirement. Those 5 years of qualifying service have well over the required 50 points in each year. He was credited with 15 membership points for his retirement year ending (RYE) of 17 June 1982, 17 June 1984, and 17 June 1985 and only 13 membership points for his RYE of 28 April 1986 which were not creditable years for retirement purposes.
| Begin date | End date | Comp | Inactive duty | Mbr points | Active Duty Points | Qual for retirement Yrs Mos days |
Total points Cred | Points needed// | |
| 760517 |
770331 | RA | 0 | 0 | 219 | 001014 | 219 | ||
| 770401 |
770617 | BREAK | 0 | 0 | 0 | 0 | 0 | ||
| 770618 |
780617 | USAR | 49 | 15 | 15 | 01 | 75 | (15) over |
|
| 780618 | 790617 | USAR | 44 | 15 | 15 | 01 | 74 | (14) over | |
| 790618 | 800617 | USAR |
52 | 15 | 17 | 01 | 77 | (17) over | |
| 800618 | 810617 | USAR |
35 | 15 | 17 | 01 | 67 | (7) over | |
| 810618 | 820617 | USAR |
15 | 0 | 15 | (35) | |||
| 820618 | 830617 | USAR |
28 | 15 | 17 | 01 | 60 | ||
| 830618 |
840617 | USAR | 15 | 0 | 15 | (35) | |||
| 840618 |
850617 | USAR | 15 | 0 | 15 | (35) | |||
| 850618 |
860428 | USAR | 13 | 0 | 13 |
| CASE ID | AR2003089546 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20040224 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 19860428 |
| DISCHARGE AUTHORITY | AR2003089546 |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | 338 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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