Search Decisions

Decision Text

ARMY | BCMR | CY2007 | 20070018477
Original file (20070018477.TXT) Auto-classification: Denied


RECORD OF PROCEEDINGS


	IN THE CASE OF:	  KANANEN, RONALD R.

	BOARD DATE:	  17 April 2008
	DOCKET NUMBER:  AR20070018477 


	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.


x
	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.  Through a Member of Congress, the applicant requests, in effect, reconsideration of his earlier petition that he be granted entitlement to retired pay at age 60.  

2.  In his Congressional Inquiry, the applicant states, in effect, that his issue with the United States Military is a pension he has been pursuing.  He indicates that he realizes some time has passed, but requests Congressional assistance in resolving this matter.  

3.  The applicant provides a self-authored statement submitted as his Congressional Inquiry and a prior self-authored letter to another Member of Congress, dated 12 June 2002, with enclosures that were reviewed by the Board during its original consideration of the case, in support of his application.  

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 AR2001058420, on 26 October 2001.  

2.  During its original review of the case, the Board determined that the applicant was found medically unfit for further service and was transferred to the Retired Reserve on 4 June 1992, and that he was not eligible for disability processing because his condition was not incurred while performing military duties.  It further determined that although the applicant had completed 15 years, of qualifying service for non-regular Reserve retirement purposes, he was separated from the Reserves 4 months prior to the passage of the law that might have allowed for his early retirement.  

3.  As new evidence, the applicant provides the self-authored statement included with the Privacy Act release he provided his Member of Congress, in which he states that he has been pursuing a pension and that five years have passed since he has taken any action on the matter.  He also states in a letter to another Member of Congress on 12 June 2002, that although he had the required 
15 years of service, the military was contending he did not have enough time to retire.  He included documents with this letter that had been reviewed by the Board during its original consideration.  

4.  The applicant's record shows that the Michigan Army National Guard (MIARNG) Surgeon determined the applicant was medically ineligible for further service, and that the applicant was notified of this decision on 5 May 1992.  

5.  On 4 June 1992, the applicant was discharged from the MIARNG based on his not meeting medical retention standards.  

6.  On 21 September 2000, the applicant's MIARNG discharge orders were revoked, and he was instead discharged from the MIARNG and transferred to the United States Army Reserve (USAR), Retired Reserve, effective 4 June 1992.  At the time, he had completed over 15 years of qualifying service for Reserve retirement purposes.  

7.  Title 10 of the United States Code, Section 12731 (10 USC 12731) provides the age and service requirements for non-regular retired pay at age 60.  It states, in pertinent part, that members who have performed at least 20 years of qualifying service are eligible to receive retired pay at age 60 upon application.  

8.  10 USC 12731a provided Temporary Special Retirement Qualification Authority that allowed members who had completed at least 15, and less than 
20 years of qualifying service to receive retired pay at age 60 upon application.  The period of this temporary authority outlined in the law was between 
23 October 1992 and 31 December 2001.  The law provided no retroactive provisions that allowed for using this authority prior to 23 October 1992.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be eligible to receive retired pay at age 60 based on his completion of over 15 years of qualifying RC service was carefully considered.  However, there is an insufficient evidentiary basis to support granting the requested relief.  

2.  By law, the period during which temporary retirement authority that allowed members who completed at least 15, but less than 20 years of service began on 23 October 1992.  The law provided no retroactive provisions that would allow for applying these provisions to members who were not in an active Selected Reserve status on 23 October 1992.  As a result, although the applicant had completed more than the 15 years necessary to qualify for retired pay at age 60 under this temporary retirement authority, he was no longer in an active Reserve status on 23 October 1992, and therefore was not eligible under this provision of the law.  As a result, it would not be appropriate or in the interest of all Reserve Component Soldier who faced similar circumstances to grant the requested relief. 
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, or that would support amendment of the original Board decision in this case. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__x_  __x___  __x__  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 AR2001058420, dated 26 October 2001.  




_____x____
          CHAIRPERSON

Similar Decisions

  • ARMY | BCMR | CY2011 | 20110020386

    Original file (20110020386.txt) Auto-classification: Denied

    The applicant requests, in effect, that his records be corrected to show that he was discharged from the Mississippi Army National Guard (MSARNG) due to permanent disability and was transferred to the Retired Reserve and issued a 15-year letter. The applicant states, in effect, that after serving over 17 years of service he was discharged from the MSARNG and the United States Army Reserve and was told that he had been medically discharged. Army Regulation 135-180 (Qualifying Service for...

  • ARMY | BCMR | CY2001 | 2001058420C070421

    Original file (2001058420C070421.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. Effective 4 June 1992, the applicant was discharged from the MIARNG under the authority of National Guard Regulation (NGR) 600-200, paragraph 8-26y, as not meeting the medical retention standards of Army Regulation 40-501, chapter 3. On 5 October 1995, it was modified to include members who no longer met the qualifications for membership in the Selected Reserve solely...

  • ARMY | BCMR | CY2014 | 20140013486

    Original file (20140013486.txt) Auto-classification: Approved

    To be eligible for retired pay at age 60 under Title 10, U.S. Code, section 12731-12737, a Reserve Soldier or former Reserve Soldier must have completed 20 qualifying years of service, the last 8 of which must have been in an RC. b. HRC reviewed his Reserve Retirement Statement, his letter, and his documents, and determined he completed 19 years, 7 months, and 13 days of qualifying service. However, at the time the applicant was separated (November 1992) a member of the Selected Reserve...

  • ARMY | BCMR | CY2006 | 20060005124

    Original file (20060005124.txt) Auto-classification: Denied

    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); and that his discharge orders and certificate reflect the fact he was a Field Artillery Officer serving in the Acquisition Corps. The applicant states, in effect, that for the past year USAR Human Resources Command, St. Louis (HRC-St. Louis) officials repeatedly told him...

  • ARMY | BCMR | CY2009 | 20090011636

    Original file (20090011636.txt) Auto-classification: Approved

    The GAARNG should have placed the FSM in the Retired Reserve for medical reasons and issued him a 15-year letter. The evidence of record shows the FSM was discharged from the GAARNG on 2 July 1991 by reason of medical unfitness. He was discharged from the Selected Reserve effective July 1991, over a year before the authority to issue 15-year letters was enacted.

  • ARMY | BCMR | CY2006 | 20060011247

    Original file (20060011247.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 24 May 2007 DOCKET NUMBER: AR20060011247 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. A Statement of Service (AGUZ Form 249), dated 25 January 1974, contained in the applicant's OMPF confirms he continuously served in an active status in the AUS and USAR from 19 April 1944 through 25 October 1963, and in...

  • ARMY | BCMR | CY2012 | 20120000296

    Original file (20120000296.txt) Auto-classification: Approved

    Department of Defense Financial Management Regulation (DODFMR), volume 7B (Military Pay Policy and Procedures-Retired Pay), chapter 1 (Initial Entitlements-Retirements), section 0105 (Rank and Pay Grade), paragraph 010501A (General Determinations) states that unless entitled to a higher grade under some other provision of law, those Regular and Reserve members who retire other than for disability, will retire in the Regular or Reserve grade they hold on the date of retirement. By law, a...

  • ARMY | BCMR | CY2010 | 20100010203

    Original file (20100010203.txt) Auto-classification: Denied

    On 6 June 1997, HRC notified the applicant he had not been selected for promotion for a second time and that he must be discharged or transferred to the Retired Reserve. On 1 March 1998, the applicant was transferred to the Retired Reserve. It provided that, during the period beginning 23 October 1992 through 30 September 1999 (later extended to 31 December 2001), a member of the Selected Reserve who had completed at least 15, and less than 20 years of qualifying service as of 1 October...

  • ARMY | BCMR | CY2009 | 20090016556

    Original file (20090016556.txt) Auto-classification: Denied

    It states a person is eligible to receive retired pay at age 60 upon application if they have completed 20 or more years of qualifying service while a member of an RC. The evidence of record confirms the applicant was medically disqualified from further service while serving in the Selected Reserve and transferred to the Retired Reserve on 18 November 2007. The record also shows the applicant completed only 2 years of qualifying service in the USAR.

  • ARMY | BCMR | CY2007 | 20070011054

    Original file (20070011054.txt) Auto-classification: Approved

    This official stated that based on the applicant's Chronological Statement of Retirement Points, only 19 years of qualifying service for retired pay could be verified and therefore, her request for retired pay was denied. However, TERA provisions of the law in effect at the time of the applicant's transfer to the Retired Reserve provided for granting non-regular retirement at age 60 eligibility to those members of the Reserve who had completed 15 but less than 20 years of qualifying service...