RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 May 2007
      DOCKET NUMBER:  AR20060017182


      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      |
|     |Ms. Deyon D. Battle               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Hubert Fry                    |     |Chairperson          |
|     |Mr. Thomas O'Shaughnessy          |     |Member               |
|     |Mr. James Hastie                  |     |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 reconsideration of his previous request that he
be furnished a 15-Year retirement eligibility letter based on his medical
disqualification.

2.  The applicant states that he served his country honorably for 15 years
and there is a provision of law that allows for 15-year retirements.  He
states that he is being deprived of retirement benefits as a result of his
being placed in Retired Reserve status due to medical reasons.  He states
that he believed that he could complete 5 additional years; therefore, he
requested a waiver of his disqualifications, which allowed his status to
change from Retired Reserve to Individual Ready Reserve.  The applicant
states that he could not find a unit that would accept him; that he
believes he was ill during the time that he requested and was granted the
waiver of his disqualification; and that he should have not been allowed to
even attempt to return to an active Reserve status.  He states that denial
of earned retirement benefits is unjust and sufficient to justify his
failure to timely file to this Board.  The applicant argues that the fact
that authorities, sympathetic to his desire to reenter active service,
played down the extent of his disabilities and allowed his change of status
to the Individual Ready Reserve should not be held against him.  He
concludes by stating that the medical documentation that he is now
submitting should confirm that the orders that were published dated 6
January 1990 transferring him to the Retired Reserve based on a medical
disqualification for retention were then and are now correct.

3.  The applicant provides in support of his application, the first page of
a memorandum addressed to "Deputy Chiefs of Staff, G-1, United States Army
Reserve Component (USARC) Major Subordinate Commands", dated 11 December
2003; a memorandum from the Human Resources Officer, Headquarters, 98th
Division (Institutional Training), dated 19 January 2006; a letter from the
Chief of Medical Administration Service, addressed to "Whom it May
Concern", dated 8 September 1989; Department of Veterans Affairs progress
notes; and copies of his Army medical progress notes.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR20060000687, on 19 September 2006.

2.  From 16 September 1964 through 28 August 1968, the applicant served on
active duty in the Regular Army (RA).  He served in the United States Army
Reserve (USAR) from the time of his release from the RA through 28 August
1970.  On 10 August 1971, after a break in service, the applicant reentered
the USAR.  He was discharged from the USAR on 9 June 1972.  After a second
break in service, the applicant entered the Army National Guard (ARNG)
where he served until 22 June 1978.  The applicant enlisted in the USAR
again on 23 June 1978.

3.  According to a Retirement Points Summary, the applicant completed
15 years, 11 months and 13 days of qualifying service for retirement.  He
served the last 13 of his qualifying years in a Reserve Component.

4.  The available records indicated that Headquarters, 1st United States
Army Orders Number 4-12, dated On 6 January 1990, directed that the
applicant be transferred to the Retired Reserve, effective 8 January 1990,
due to "Medical Disqualification for Retention".

5.  A review of the available records shows that the applicant applied for
and was granted a medical waiver of his disqualifications.  Accordingly
Army Reserve Personnel Center (ARPERCEN) Orders Number C-05-800893
authorized him transfer from the Retired Reserve to the Individual Ready
Reserve.

6.  The applicant was honorably discharged from the USAR on 12 December
1995 and there is no evidence in the available records that shows that he
was denied continued service, at this time, as a result of a medical
condition.

7.  The memorandum dated 11 December 2003, which the applicant submits in
support of his appeal to this Board is addressed to the Deputy Chiefs of
Staff,
G-1, USARC Major Subordinate Commands, provided guidance on the early
qualification for Reserve Retirement and issuance of the 15-year
memorandum.  The applicant submits only the first page of the memorandum
which provides specific details of early retirement qualifications.

8.  In a memorandum dated 19 January 2006, the Human Resource Officer,
Headquarters, 98th Division, directed the applicant to submit an
application to have his records corrected.





9.  VA records and medical progress notes that the applicant has currently
submitted on behalf of his request, fail to show that he was medically
disqualified for retention in December 1995, at the time of his honorable
discharge from the USAR.

10.  Title 10 United States Code, Section 12731b provides the legal
authority and 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 Reserve Component who no
longer meets the qualifications for membership in the Selected Reserve
solely because the member is unfit because of physical disabilities, the
Secretary concerned may treat the member as having met the service
requirements for non-regular retirement if the member has completed at
least 15, and less than 20 years of qualifying service.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant was medically disqualified for retention at the
time of his transfer to the Retired Reserve on 8 January 1990, the
available medical evidence of record fails to show that his medical
condition was the basis for his discharge from the USAR in December 1995.

2.  He requested and was granted a waiver for his medical disqualifications
and he was transferred to the Individual Ready Reserve.  The fact that he
failed to complete 20 qualifying years of service once his waiver was
granted is not a basis for granting relief in this case.

3.  The applicant's contentions and his supporting documentation have been
noted.  However, once he was granted a waiver of his disqualification, the
applicant would have had to be evaluated by the appropriate evaluation
boards prior to his discharge and determined to be medically unfit for
retention or submit a request for an early retirement.  There is no
evidence in the available records to show that either of these two
requirements were met.

4.  In order to justify correction of a military record the applicant must
show 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.

5.  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

__HF____  ___TO __  ___JH___  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 to amend the decision of
the ABCMR set forth in Docket Number AR20060000687, dated 19 September
2006.




                                  _______Hubert Fry__________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060017182                           |
|SUFFIX                  |                                        |
|RECON                   |20060919                                |
|DATE BOARDED            |20070522                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  332  |135.0000/RESERVE SERVICE CREDIT         |
|2.  335                 |135.0300/CHANGE OF STATUS               |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]