RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 January 2007
      DOCKET NUMBER:  AR20060007731


      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. Bernard P. Ingold             |     |Chairperson          |
|     |Mr. Ronald D. Gant                |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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, issuance of a 15-year letter for
retirement.

2.  The applicant states, in effect, that he believes he is entitled to a
15-year retirement from the Army Reserve.  He was not told that he could
request a
15-year retirement.

3.  The applicant provides copies of his DD Form 214 (Certificate of
Release or Discharge From Active Duty), his sergeant first class promotion
orders, his discharge orders, and his Chronological Statement of Retirement
Points, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 27 August 2004, the date of his discharge.  The
application submitted in this case is dated 25 May 2006.

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 limitations 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's military records show that he enlisted in the Regular
Army on 31 May 1977 and separated on 11 December 1982.

4.  He enlisted in the USAR Control Group (Reinforcement) effective 10
March 1983.  He entered on active duty on 20 November 2003 in support of
Operation Enduring Freedom.

5.  On 16 June 2004, he was given a physical profile for insulin dependent
diabetes mellitus.  On 10 August 2004, a Physical Evaluation Board (PEB)
found him to be physically unfit due to diabetes mellitus, requiring
insulin and a restricted diet.  The PEB found that his disability existed
prior to service and was not permanently aggravated by service but was
compensable in accordance with Title 10, United Stated Code, section 1207e.
 The PEB recommended he be separated with severance pay, if otherwise
qualified, with a 20 percent disability rating.

6.  He was honorably discharged from active duty for disability with
severance pay, in pay grade E-6, effective 27 August 2004.  He was credited
with 9 months and 8 days net active service this period.  He was also
credited with 7 years, 7 months, and 1 day prior active service and 17
years, 4 months, and 16 days prior inactive service.

7.  His was honorably discharged from the USAR Control Group (IMA)
effective 12 July 2005.

8.  His Chronological Statement of Retirement Points, dated 16 September
2005, shows he was credited with 17 years, 11 months, and 11 days
qualifying years for retirement.

9.  The applicant will reach his 60th birthday on 26 September 2019.

10.  Title 10, USC, section 12731b, specifies that a member of the Selected
Reserve who has completed at least 15 years but less than 20 years of
service may be entitled to temporary special retirement qualification when
they no longer meet the qualifications for membership in the Selected
Reserve solely because the member is unfit because of a physical
disability, not due to misconduct.

11.  Public Law 106-65, enacted 5 October 1999, amended chapter 1223
(Retired Pay for Non-Regular Service) of Title 10, USC by adding section
12371b, (Special rule for members with physical disabilities not incurred
in line of duty).  Section 12731b states that a member of the Selected
Reserve who no longer meets the qualification for membership in the
Selected Reserve solely because the member is unfit because of physical
disability pay, for the purpose of section 12371 (Age and Service
Requirements) of this title, be treated as having met the service
requirements and be provided with the notification required if he has
completed at least 15 years and less than 20 years of service.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case the applicant is entitled to
issuance of a 15-year letter for retirement.

2.  The evidence of record shows that a PEB found the applicant physically
unfit due to diabetes mellitus.  The PEB recommended he be separated with
severance pay, if otherwise qualified, with a 20 percent disability rating.
 The applicant was separated from active duty effective 27 August 2004 for
disability with severance pay.  He was subsequently discharged from the
USAR Control Group (IMA) effective 12 July 2005.  It appears that the
applicant was never given the opportunity to apply for the 15-Year
Retirement Program.  Therefore, it is concluded that the applicant did meet
the eligibility requirements for completion of 15 years of qualifying
service for eligibility for retired pay at age 60, based on his disability.

3.  It would now be equitable and just to correct his military records by
issuing him a 15-Year Letter with entitlement to retired pay, upon his
application, at age 60.

4.  In view of the foregoing, the applicant’s records should be corrected
as recommended below.

BOARD VOTE:

_BPI_____  __RDG_  _EM____  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
issuing the applicant a 15-Year Letter with entitlement to retired pay upon
his application at age 60.




                            ___  Bernard P. Ingold__________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007731                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070111                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |20050712                                |
|DISCHARGE AUTHORITY     |AR135-178                               |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |136.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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