RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           9 November 2004
      DOCKET NUMBER:  AR2004100346


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Klaus P. Schumann             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Mark D. Manning               |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Leonard G. Hassell            |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that he be granted a 15-year
retirement letter.

2.  The applicant states, in effect, that his orders for separation for
medical reasons were revoked and replaced with retirement order.  However,
he received no retirement letter or any entitlement for pay.

3.  The applicant provides, in support of his application, Headquarters,
65th United States Army Regional Support Command Orders 01-268-004, dated
25 September 2001 and Headquarters, 65th United States Army Regional
Support Command Orders 02-114-002, dated 24 April 2002.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
which occurred on 25 September 2001.  The application submitted in this
case is dated 15 December 2003.

2.  The applicant initially entered active duty in January 1982.  On 30
September 1989, he was released from active duty and transferred to the
United States Army Reserve.

3.  The applicant's military records contain Reserve Points Accounting
System (RPAS), Chronological Statement of Retirement Points (ARPC Form 249-
2-E), dated 3 November 2000.  This document shows the applicant completed
16 qualifying years of creditable service for retirement as of 30 September
2000.

4.  The applicant's military records contains an emergency care and
treatment record (SF 558) that shows on 19 April 1996, he suffered a lumbar
sprain while traveling by military vehicle to Camp Santiago.

5.  On 5 May 2001, the applicant was found unfit for further military
service in accordance with Army Regulation 40-501, Chapter 3, paragraph 3-
39c.

6.  On 25 September 2001, Headquarters, 65th United States Regional Support
Command published orders 01-268-004 which honorably separated the applicant
from the United States Army Reserve (USAR).
7.  On 24 April 2002, Headquarters, 65th United States Regional Support
Command published orders 02-114-002, which amended orders 01-268-004.  This
amendment assigned the applicant to the Retired Reserve effective
25 September 2001, based on his having completed sufficient service for
retirement.

8.  Title 10 of the United States Code, section 12731 provides the legal
authority for age and service requirements for non-regular retired pay.  It
states, in pertinent part, that members are entitled to retired pay when
they are at least
60 years of age and have performed at least 20 years  of  service.   Section
12731a provided the temporary authority to grant non-regular  retirement  to
members who completed at least 15, but less  than  20  years  of  qualifying
service during the period 23 October 1992 through 31 December 2001.

9.  Section 12731b states, in pertinent part, that a member of the Selected
Reserve of a Reserve Component who no longer meet the qualifications for
membership in the Selected Reserve solely because the member is unfit
because of physical disability, may be treated as having met the service
requirements for non-regular retirement if the member completed at least 15
and less than 20 years of service.

DISCUSSION AND CONCLUSIONS:

1.  The law in effect at the time of the applicant’s discharge from the
USAR authorized the retirement of USAR soldiers who had completed at least
15 but less than 20 years of service under certain circumstances.  One of
these qualifying circumstances was a member who had been discharged from
the service due to a medical disqualification.

2.  The evidence of record confirms that the applicant was determined to be
medically unfit for further military service.  Further, as evidenced by the
enclosed RPAS statement, at the time of his discharge from the USAR, he had
completed 16 years of qualifying creditable service for Reserve retirement.
 Amended separation orders also confirm he was transferred to the Retired
Reserve based on his being qualified for retirement.  Therefore, it is
concluded the relief requested by the applicant is warranted.

BOARD VOTE:

___MDM_  ___LGH_   ___LDS _  GRANT RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for full relief.  As a result, the records of the
individual concerned should be corrected by issuing him a Notification of
Eligibility for Retired Pay at Age 60 Letter (15 Year Letter), effective 25
September 2001, based on his being transferred to the Retired Reserve due
to a medically disqualification after completion of 15 or more years of
qualifying service for
non-regular retirement.




            ____Mark D. Manning____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004100346                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20010925                                |
|DISCHARGE AUTHORITY     |AR 135-178                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1. 342   |136.0400                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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