RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 October 2006
      DOCKET NUMBER:  AR20050017387


      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. W. W. Osborn, Jr.             |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Carmen Duncan                 |     |Chairperson          |
|     |Mr. Jerome L. Pionk               |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |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 her early retirement from the
United States Army Reserve (USAR) due to medical disqualification be
voided, that she be credited with additional points and service, be awarded
entitlement to retired pay at age 60 [a 20-Year Letter] and that she be
transferred to the Retired Reserve after completing 20 years of qualifying
service.

2.  The applicant states, in effect, that had her retirement points been
corrected in a timely manner and had she been properly informed that she
would be entitled to retired pay at age 60 in any case, she would have been
able to postpone retirement until she had obtained her full 20 years.  As
it was she felt pressured to make a decision because she was going to miss
her window of opportunity to retire early due to medical disqualification.

3.  The applicant provides copies of 28 July 2005 orders transferring her
to the Retired Reserve due to medical disqualification; AHRC Form 249-2-E
(Chronological Statement of Retirement Points), dated 5 September 2005;
a 6 May 2005 Retirement Points Accounting System transaction page showing
requested retirement points changes for 1989 through 1991 that had been
submitted on 7 February 2005; an 18 May 2005 memorandum from the
applicant’s battalion commander to the effect that her case had been
referred to a PEB and that she was a valued leader and that her physical
condition had not impaired her ability to perform her job; and six pages of
email messages concerning changes to her 1989-1991 retirement points,
dating from 5 July through 24 August 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant, a career USAR noncommissioned officer (NCO) midway
through her 18th consecutive qualifying year of Ready Reserve service was
provided a 26 August 2004 permanent L3 profile which severely limited her
physical activity.  Back pain precluded her from most military functional
activities and participation in the Army Physical Fitness Test and her case
was referred to an MMRB (Military Occupational Specialty/Medical Retention
Board).

2.  A 14 April 2005 memorandum from the Deputy Chief of Staff, G-1, 99th
Regional Readiness Command notified her that she had been found medically
disqualified and informed her that she had 30 calendar days to select one
of the following options:  request reassignment to the Retired Reserve if
otherwise qualified; request an honorable discharge; or request a Physical
Evaluation Board (PEB).  The memorandum stated in part, “You are required
to complete…
Failure to respond and/or submit all proper documentation within 30
calendar days will constitute a waiver or all rights and you will be
discharged…”

3.  On 15 August 2005, she was transferred to the Retired Reserve as a
master sergeant (E8) due to medical disqualification.

4.  The 5 September 2005 AHRC Form 249-2-E shows that the applicant had 19
years, 5 months, and 25 days of consecutive qualifying service as of the
date of her retirement.  The final 5 months, and 25 days included 18
inactive duty (IDT) [drill] points, 7 membership points and 12 active duty
points for a total of 37 points for that approximately one-half year.  Her
current retirement year end (RYE) date would have been 21 February 2006 at
which time she would have had 20 qualifying years.

5.  Sections 12731 through 12738 of Title 10, United States Code (USC),
authorize retired pay for Reserve component military service.  Under this
law, a Reserve Soldier must complete a minimum of 20 qualifying years of
service to be eligible for retired pay at age 60.  The term “good years” is
an unofficial term used to mean years in which 50 or more retirement points
are earned during each year and which count as qualifying years of service
for retirement benefits at age 60.

6.  Title 10, United States Code (10 USC), section 12731a was the temporary
special retirement qualification authority.  A revision dated 5 October
1994 provided that, during the period 1 October 1991 through 30 September
1999 (later extended and later still made permanent), a member of the
Selected Reserve who completed at least 15, and less than 20, years of
qualifying service and who no longer met the qualifications for membership
in the Selected Reserve solely because the member was unfit because of
physical disability, and upon the request of the member, could be
transferred to the Retired Reserve and treated as having met the service
requirements and be provided with the notification required if he completed
at least 15 and less than 20 years of service.

7.  In the processing of this case, an advisory opinion from the 99th
Regional Soldier Support Center recommended that applicant be awarded
service and qualifying points for the period 16 August 2005 through 21
January 2006.

8.  An advisory opinion was also obtained from the Human Resources Command
(HRC) St. Louis, Missouri.  It noted that the 14 April 2005 memorandum to
the applicant had not adequately explained that, because she had more than
15
years of qualifying service and was retiring early due to physical
disability, she would be eligible for retired pay at age 60 in any case.
Granting eligibility for pay at age 60 under the provision of 10 USC,
section 12731 was recommended.

10.  A copy of the advisory opinion was provided to the applicant for
comment.  And she again stated that she had been deprived of retirement
benefits for a full 20 years because her retirement point corrections were
not processed in a timely manner.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requested that her retirement points be corrected before
she was determined to be medically disqualified.

2.  As noted in the HRC advisory opinion, the 14 April 2005 memorandum did
not indicate that, if she elected to retire, the applicant would be
eligible for retired pay at age 60 based upon all the time and points
previously earned.

3.  Not knowing when or if her retirement points would be corrected she
thought she had only 17½ years qualifying service and would be afforded a
15 year retirement, which would inordinately punish her for retiring early.
 The applicant reasonably felt pressured to make a final decision within
the 30 day time limit.

4.  The 37 retirement points earned during the last 6 months of her service
and the memorandum from her battalion commander demonstrate that,
notwithstanding the medical disqualification, she was performing her
assigned duties satisfactorily.

5.  It took from 24 August 2004 until 14 April 2005, almost 7 months, just
to complete the MMRB process.  Had she been properly advised of her options
she could reasonably have elected a PEB and/or requested a waiver, which
would have extended her service by another 6 months.

6.  Had she served until her RYE date she would have earned an additional
18 IDT points and 8 more membership points.

7.  It would be equitable to correct her record to show she served until
the 21 February 2006 RYE date at which time she would have earned 63
retirement points for retirement year.  She should be paid for the 18 IDT
points.

8.  She should also be notified she is qualified for retired pay at age 60.
 Her current transfer to the Retired Reserve should be voided and she
should be retired effective 21 February 2006.

BOARD VOTE:

__JLP __  ___RMN_  __CD ___  GRANT FULL 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 relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by:


      a.  voiding her 15 August 2005 transfer to the Retired Reserve;

      b.  crediting her with an additional 18 IDT and 8 membership points;

      c.  paying her for the 18 inactive duty points;

      d.  providing her with a 20-Year certification of entitlement to
retired pay at age 60 [a 20-year letter]; and

      e.  retiring her effective 21 February 2006 due to medical
disqualification and transferring her to the Retired Reserve in the rank of
master sergeant (E8)




                                  ___    Carmen Duncan________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017387                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061024                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|135.00                  |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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