RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 5 February 2008
DOCKET NUMBER: AR20070009802
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.
Ms. Catherine C. Mitrano
Director
Mrs. Victoria A. Donaldson
Analyst
The following members, a quorum, were present:
Mr. Kenneth L. Wright
Chairperson
Mr. Antonio Uribe
Member
Mr. Ronald D. Gant
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 that his records be corrected to show 20 years of service.
2. The applicant provides no additional statement with this request.
3. The applicant provides four pages of Department of the Army, Annual or Terminal Statement of Retirement Points in support of this application.
CONSIDERATION OF EVIDENCE:
1. Records show the applicant was inducted into the Army of the United States on 11 March 1969 and served until he transferred to the United States Army Reserve (USAR) on 10 March 1971. The applicant remained a member of the USAR until he retired on 19 October 1985.
2. The applicant's US Army Personnel Command, Chronological Statement of Retired Points, dated 9 August 2007, shows that the applicant completed 12 years of qualifying service for retirement during the period 11 March 1969 through 19 October 1985.
3. The service identified in the Department of the Army, Annual or Terminal Statement of Retirement Points provided by the applicant is accounted for on his current Chronological Statement of Retired Points.
4. The applicant's records contain a letter from the US Army Physical Disability Agency-Combat-Related Special Compensation (CRSC) which denied the applicant's request for CRSC benefits. This letter informed the applicant that although his records indicated that he 20 years of service, he had not reached age 60 and therefore, was not eligible for CRSC benefits.
5. In the processing of this case, an advisory opinion was obtained from the US Army Human Resources Command (HRC), St. Louis, Missouri. HRC stated that after a review of the applicant's records, it was determined that he was entitled to credit for 9 years which were not shown on his records. As a result of this change, the applicant was credited with a total of 12 years of creditable military service for retirement purposes.
6. The advisory opinion was provided to the applicant for review and rebuttal. To date, the applicant has not responded.
7. Combat-Related Special Compensation (CRSC), as established by Section 1413a, Title 10, United States Code, as amended, provides for the payment of the amount of money a military retiree would receive from the VA for combat related disabilities if it wasnt for the statutory prohibition for a military retiree to receive a VA disability pension. Payment is made by the Military Department, not the VA, and is tax free. Eligible members are those retirees who have 20 years of service for retired pay computation (or 20 years of service creditable for reserve retirement at age 60) and who have disabilities that are the direct result of armed conflict, specially hazardous military duty, training exercises that simulate war, or caused by an instrumentality of war. Such disabilities must be compensated by the VA and rated at least 10% disabling. For periods before 1 January 2004 (the date this statute was amended), members had to have disabilities for which they have been awarded the Purple Heart and are rated at least 10% disabled or who are rated at least 60% disabled as a direct result of armed conflict, specially hazardous duty, training exercises that simulate war, or caused by an instrumentality of war. Military retirees who are approved for CRSC must have waived a portion of their military retired pay since CRSC consists of the Military Department returning a portion of the waived retired pay to the military retiree.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his records should be corrected to show 20 years of creditable service was carefully considered and determined to be without merit.
2. The applicant's records clearly show that he only completed 12 years of qualifying service for retirement during the period 11 March 1969 through 19 October 1985. Absent evidence to show that he completed additional service not shown on his Chronological Statement of Retired Points, there is no basis to amend the applicant's records to show 20 years of qualifying service.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_KLW___ _AU ____ _RDG___ 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.
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