RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:       29 September 2005
      DOCKET NUMBER:  AR20050000492


      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             |
|     |Ms. Stephanie Thompkins           |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Mr. Leonard C. 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, correction to her records to show
eligibility for retirement benefits.

2.  The applicant states that she was not given all of the facts, nor
counseled on the consequences of a medical discharge prior to her declining
a medical review board.  She was not advised that a medical discharge would
disqualify her for her retirement benefits.  She received her discharge
orders one year after she was officially discharged.  She was under the
impression for the year 2003 she was still a member of the Army National
Guard (ARNG) until she received her discharge documents.  She is upset that
she gave the military 20 plus years of her life and was discharged for
medical reasons.  Because of her 20 years of service she should receive
retirement benefits.  She was discharged with nothing to show for it.

3.  The applicant provides a statement in her own behalf, copies of her
1983 and 1998 DD Forms 214 (Certificate of Release or Discharge from Active
Duty), her ARNG separation orders, her NGB Form 22 (Report of Separation
and Record of Service), and her NGB Form 23B (ARNG Retirement Points
History Statement).

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show she enlisted in the Regular Army
effective 8 November 1983, with prior service.  She was released from
active duty, as a sergeant, effective 4 July 1998.  She was credited with
14 years, 7 months, and 4 days total active service for this period.

2.  She enlisted in the Illinois (IL) ARNG effective 5 July 1998.  She was
promoted to sergeant first class effective 21 April 2002.

3.  On 29 October 1999, the Under Secretary of Defense established a policy
for former Reserve member entitlements.  This policy allows former members
of the Reserve Components who are eligible to receive retired pay at age
60, but who have terminated their Reserve status entitlement to received
benefits provided for under Title 10, United States Code (USC), Chapter 54
(Commissary and Exchange Benefits).  The policy authorizes the issuance of
identification cards reflecting appropriate benefits.  The policy also
states that a DoD Reserve Component Commissary Privilege Card necessary for
access to commissaries for those members not yet age 60 is available from
the Reserve personnel center that issues the written notification of
eligibility to receive retired pay.

4.  On 9 July 2003, the ILARNG issued discharge orders 190-068 discharging
the applicant from the ARNG and as a Reserve of the Army, under the
provisions of National Guard Regulation 600-200, effective 18 July 2003.
The home or record listed on the orders is the same as the applicant's
current address.

5.  She was discharged from the ILARNG under the provisions of National
Guard Regulation 600-200, paragraph 8-26J(1), Medically Unfit for Retention
per Army Regulation 40-501, effective 18 July 2003.  She was credited with
5 years and 14 days total active service.  She was assigned Reenlistment
(RE) Code-3.  The separation document also stated that the NGB Form 22 and
discharge orders were mailed to the individual's last known address in Item
19 (Mailing Address After Separation).  The address listed in Item 19 is
the applicant's current address.

6.  Her ARNG Retirement Points History Statement, prepared on 31 July 2003,
shows she was credited with 20 years, 7 months, and 4 days creditable
service for retired pay.

7.  In the processing of this case, an advisory opinion was obtained from
the Chief, Personnel Division, Departments of the Army and the Air Force,
National Guard Bureau.  In this opinion, dated 27 May 2005, he stated that
according to NGB Form 22 and NGB Form 23B, the applicant had completed over
20 years of service.  However, Title 10, United States Code, section 12731a
states that for a Solider to be eligible for retired pay, they must have
reached age 60, have completed a minimum of 20 qualifying years of service,
and served the last 6 years of qualifying service as a Reserve Component
Soldier.  Service in the Army of the United States, without specification
of component, is deemed to be service in the Reserve Component.  The Chief
opined that the applicant's request did not meet the retired pay regulatory
requirements.  The applicant entered the ILARNG on 5 July 1998 and her
medical discharge was effective 18 July 2003, less than 6 years later.  In
view of the foregoing, the Chief, Personnel Division and the Personnel
Policy, Programs and Manpower Division, National Guard Bureau, recommended
denial of the applicant's request.

8.  The opinion was forwarded to the applicant for acknowledgement and
possible rebuttal on 27 May 2005.  In her rebuttal, the applicant stated
that she is not requesting retirement pay and understands that she is not
old enough to receive retirement pay.  She would like to know if she is
able to rejoin the military to finish her obligation or if she is able to
get retirement benefits for the 15 years she served as an enlisted Soldier?

9.  National Guard Regulation 600-200, Chapter 8, prescribes the policies
and procedures for separation of enlisted personnel by appropriate State
authorities.  The regulation specifies that if a commander suspects a
soldier may not be medically qualified for retention, he or she will direct
a soldier to present him or herself for a medical exam.  A complete medical
exam will be accomplished and the results forwarded to the unit commander
for disposition.  If retention is not recommended, a request for discharge
will be submitted to the State Adjutant General.  Paragraph 8-26j(1)6,
specifies that a Soldier who is medially unfit for retention standards of
Army Regulation 40-501 will be discharged.  Prior to discharge or release
from active duty, individuals will be assigned RE codes based on their
service records or the reason for discharge.  RE-3 applies to persons not
qualified for continued Army service, but the disqualification is waivable
for reenlistment after a 2-year period has elapsed since discharge.

10.  Army Regulation 40-501, Standards of Medical Fitness paragraph 3-
3b(1), as amended, provides that for an individual to be found unfit by
reason of physical disability, he must be unable to perform the duties of
his office, grade, rank or rating.  Members with conditions as severe, as
listed in this chapter, are considered medically unfit for retention on
active duty and are referred for disability processing.

11.  Army Regulation 135-180 (Army National Guard and Army Reserve-
Qualifying Service for Retired Pay Nonregular Service), indicates, in
pertinent part, that to be eligible for retired pay, an individual does not
need to have a military status at the time of application for retired pay,
but must have (1) attained age 60; (2) completed a minimum of 20 years of
qualifying service; and, (3) served the last 8-years of his or her
qualifying service as a Reserve Component soldier.  The requirement to
serve the last 8 years in a Reserve Component has since been amended to the
last 6-years.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was found medically unfit
for retention in the ILARNG and separated on 18 July 2003.  She was
credited with 5 years and 14 days total active service in the ILANRG and 20
years, 7 months, and 4 days total service for retired pay.

2.  The applicant did not complete the requirement for performance of the
last 6 years of qualifying service while a member of the Reserve for
entitlement to retired pay upon reaching age 60.  The applicant's military
service was interrupted after it was determined that she was medically
unfit for retention and was disqualified from further military service.  In
the absence of medical evidence to the contrary, it is presumed that the
applicant was properly separated from the ARNG.  Her contentions do not
demonstrate error or injustice in the reason for her separation, nor error
or injustice in the disposition of her case by her separation from the
service.

3.  Based on the fact that she is not eligible to receive retired pay at
age 60, she is ineligible to receive retirement benefits to include a
military identification card.

4.  The applicant was assigned the appropriate RE code according to her
type of discharge and separation code.  The RE-3 assigned is waivable for
reenlistment after a 2-year period has elapsed since discharge.  Therefore,
she should contact her local recruiter or National Guard representative
concerning reenlistment in the military.

5.  The applicant has not satisfactorily shown that she was not notified of
her discharge in a timely manner.  The evidence of record shows the
applicant's discharge orders and NGB Form 22 were mailed to the mailing
address after separation.

6.  In view of the foregoing, there is no basis for granting the
applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__LE___  ____LH__  __PMS___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




                                  _        Lester Echols_________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050000492                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/09/29                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |136.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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