RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 April 2007
	DOCKET NUMBER:  AR20060013745 


	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. Gerard W. Schwartz

Acting Director

Mrs. Victoria A. Donaldson

Analyst

The following members, a quorum, were present:


Mr. Kenneth L. Wright

Chairperson

Ms. LaVerne M. Douglas

Member

Ms. Ernestine L. Fields

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 medical retirement based on his completion of 15 years of qualifying service and medical disqualification for further service in the United States Army Reserve (USAR).

2.  The applicant states that he was denied retirement pay.

3.  The applicant provides a U.S. Army Human Resources Command (HRC) Chronological Statement of Retirement Points, USAR Personnel Center Orders Number C-03-310082, Attending Physician's Statement, and Retired Reserve Certificate in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Army of the United States on 24 January 1966, transferred to the USAR on 5 January 1968 and served until 23 January 1972.  After a break in service, the applicant joined the Army National Guard on 1 December 1973 and served until he transferred to the USAR on 1 December 1984.  Records show the applicant served in the USAR until he was transferred to the Retired Reserve on 31 March 1993.

2.  The HRC Chronological Statement of Retirement Points shows he completed 15 years of qualifying service as of 30 November 1992.

3.  USAR Personnel Center Orders Number C-03-3100826, dated 19 March 1993, show that the applicant was medically disqualified for active duty and was assigned to the Retired Reserve effective 31 March 1993 from the USAR Control Group (Reinforcement).

4.  On 22 August 2006, HRC officials notified the applicant that his application for retired pay was denied.  This letter stated that to be eligible for retired pay, a Reserve Soldier or former Reserve Soldier upon attaining 60 years of age must have completed a minimum of 20 years of qualifying service.  After 1 July 1949, a qualifying year is one in which a Reserve Soldier earned at least 50 retirement points and the last 8 qualifying years must be in a Reserve Component.  The applicant was further informed that a 15 Year Retirement Letter or documentation showing a medical discharge was not found in his records.

5.  10 USC 12731 (Age and Service Requirements) provides the legal authority for age and service requirements for non-regular retirement.  It states, in pertinent part, that a member is eligible to receive retired pay at age 60 if they have completed 20 qualifying years of service for retirement.  In the case of a person who completed the 20 years of qualifying service requirement before the end of the 180-day period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2005, he or she must have performed the last 6 years of qualifying service while a member of a RC, but not while a member of a regular component, the Fleet Reserve, or the Fleet Marine Corps Reserve, except that in the case of a person who completed the service requirements before October 5, 1994, the number of years of such qualifying service under this paragraph shall be 8.  

6.  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.  It states, in pertinent part, that a member is eligible to receive non-regular retirement and be issued a 15-year letter, if prior to 5 October 1994, the member has completed 8 qualifying years of service while in the Selected Reserve; or on or after 5 October 1994, but before 26 April 2005, they have completed 6 qualifying years of service while in the Selected Reserve. 

7.  10 USC 12731b (Special Rule for Members with Physical Disabilities not Incurred in the Line of Duty).  It states, in pertinent part, that in the case of a member of the Selected Reserve of a RC who no longer meets the qualifications for membership in the Selected Reserve solely because the member is unfit because of physical disability, the Secretary concerned may, for the purpose of Section 12731 of this title, determine to treat the member as having met the service requirement and provide the member notification required if the member completed at least 15 years, but less than 20 years of qualifying service for retirement purposes.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that he be issued a Notification of Retirement Eligibility based on completion of at least 15 years because of his disability disqualification was carefully considered.  However, while the law does allow a member of the Selected Reserve who is disqualified from further service due to physical disability to be issued an eligibility notification and be entitled to retired pay based on completion of at least 15, but less than 20 years of service, all other requirements of the law remain in effect.




2.  Evidence of record shows that the applicant was released from the USAR Control Group (Reinforcement) due to medical disqualification and transferred to the Retired Reserve.  As a result, the applicant was not in a Selected Reserve status prior to his transfer to the Retired Reserve and is therefore, not eligible for retired pay based on 15 years of service.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_KLW___  _LMD____  _EIF____  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.




_Kenneth L. Wright___
          CHAIRPERSON



INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.