RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  17 January 2008
	DOCKET NUMBER:  AR20070011643 


	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

Ms. Jeanne Marie Rowan

Analyst

The following members, a quorum, were present:


Mr. Hubert O. Fry, Jr

Chairperson

Mr. John T. Meixell

Member

Mr. Rowland C. Heflin

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 a 15-year retirement letter.

2.  The applicant states, in effect, that she would like a 15-year retirement letter because she is not able to actively participate in a unit of the United States Army Reserve (USAR) due to her medical condition. 

3.  The applicant states, in effect, that she provided a document from the Department of Veterans Affairs James A. Haley Hospital in St. Petersburg, Florida.  However, no documents were attached to the DD Form 149 (Application for Correction of Military Record Under the Provisions of Title 10, U. S. Code, Section 1552) dated 5 July 2007.  

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  Records show the applicant voluntarily enlisted in the Army National Guard of the State of Florida and concurrently enlisted as a member of the USAR on 11 July 1976 for a 3-year enlistment period.  Records show her date of birth is 17 September 1952.

3.  On 1 March 1977, the applicant was honorably discharged from the Army National Guard of the State of Florida after completing 7 months and 21 days of service for pay.   The NGB Form 22 (Report of Separation and Record of Service) the applicant was issued shows she was transferred to the 810th Military Police Company (USAR).  Item 13 (Primary MOS and Title) shows she held the military occupational specialty (MOS) 73C (Pay Assistant).

4.  On 10 July 1979, the applicant reenlisted in the USAR for a period of 3 years. 

5.  On 1 December 1981, the applicant was voluntarily transferred to the USAR Control Group (Reinforcement) from 810th Military Police Company per Orders 38-17, published by Headquarters, 1st US Army on 25 February 1982. 

6.  On 1 September 1982, the applicant was honorably discharged from the Army Reserve per Orders 08-1049420, dated 18 August 1982, published by the USAR Personnel and Administration Center.

7.  On 2 September 1982, the applicant reenlisted in the USAR for a 6-year period in pay grade E-4.  Records show this enlistment was an approved antedated reenlistment.

8.  On 2 November 1995, the applicant reenlisted in the USAR for an 8-year period in pay grade E-6.  Records show she reenlisted for the Individual Ready Reserve Enlistment Program.  

9.  On 3 October 1997, Orders A-276-46, published by Headquarters, 81st Regional Support Group shows that the applicant was voluntarily reassigned to the USAR Control Group (Reinforcement) from the 320th Military Police Company (USAR). 

10.  On 20 November 2000, the applicant was honorably discharged from the USAR per Orders D-11-061425, published by the U. S. Army Reserve Personnel Command.  These orders show that she had been a member of the USAR Control Group (Reinforcement).

11.  The applicant’s Chronological Statement of Retirement Points, dated 13 October 2007, shows the following total retirement points for the retirement year ending (RYE) as indicated:

	a.  RYE 10 July 1977 -  65 points;

	b.  RYE 10 July 1978 - 94 points;

	c.  RYE 10 July 1979 - 60 points;

	d.  RYE 10 July 1980 - 63 points;

	e.  RYE 10 July 1981 - 51 points;

	f.  RYE 10 July 1982 - 74 points;

	g.  RYE 10 July 1983 - 41 points; 
	h.  RYE 10 July 1984 - 15 points; 

	i.  RYE 10 July 1985 - 65 points;

	j.  RYE 10 July 1986 - 145 points;

	k.  RYE 10 July 1987 - 80 points;

	l.  RYE 10 July 1988 - 73 points;

	m. RYE 1 September 1988 - 2 points with a break in service from 2 September 1988 to 1 November 1995 for a total of 7 years, 1 month, and 29 days;

	n.  RYE 1 November 1996 -57 points;

	o.  RYE 1 November 1997 - 151 points;

	p.  RYE 1 November 1998 - 281 points;

	q.  RYE 1 November 1999 - 324 points; and 

	r.  RYE 20 November 2000 - 1 point .

12.  The total number of qualifying years for retirement listed on her ARPC Form 249-2, dated 13 October 2007, is 14 years with 1,642 cumulative points creditable toward retirement from the Armed Forces under the provisions of Title 10, United States Code (USC), Chapter 1223 (Retired Pay for Non-Regular Service), Section 12731.

13.  There are no medical records or Physical Evaluation Board proceedings to support her contention that she was medically unable to participate in the USAR.

14.  Title 10, United States Code (USC), Chapter 1223 (Retired Pay for Non-Regular Service), Section 12731a (Temporary Special Retirement Qualification Authority), states in pertinent part, that a member of the Selected Reserve who having been properly notified and who had completed at least 15, and less than 20, years of service computed under section 12732 of this title; and upon their request can be transferred to the Retired Reserve.  The allotted period for consideration of a 15-year retirement letter was from 23 October 1992 to 31 December 2001.  The intent of this law was to allow the Secretary concerned to meet the reduction in force through the voluntary early retirement of certain grades and certain MOS skills or who are serving in designated competitive categories, and to provide retired pay to Soldiers who become medically disqualified.

15.  Army Regulation 135-180 (Qualifying Service for Retired Pay Nonregular Service) implements the statutory authority governing what constitutes qualifying service for retired pay for nonregular service in the Reserve Components.  Chapter 2, in pertinent part, states that to be eligible for retired pay, an individual must have attained the age of 60 and completed a minimum of 20 years of qualifying service.  A qualifying year is defined as a year of service during which a Reservist earns at least 50 retirement points. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that she is entitled to a 15-year retirement letter based on her inability to actively participate in the USAR program as a drilling reservist due to her medical condition. 

2.  The applicant's military personnel records show she successfully completed 14 years of qualifying service in the USAR and ARNG from her initial enlistment on 10 July 1976 to her honorable discharge on 20 November 2000. 

3.  Based on the provisions of law in effect at the time the applicant attained 
14-years of qualifying service, she is not eligible for a 15-year retirement letter as her records show she did not successfully meet the requirements.  The applicant had 1-year where she completed only 15 points during her RYE ending on 10 July 1984 while a member of the USAR.  Records show she also had a break in service from 2 September 1988 to 1 November 1995.

4.  In addition, there is no evidence to show she was determined medically disqualified while serving as a member of the Selected Reserve. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__HOF  _   __RCH__  __JTM___  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.





_____Hubert O. Fry, Jr.____
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON

DATE BOARDED
20080117
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.