RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 May 2008
DOCKET NUMBER: AR20080001329
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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, a 15-year Reserve Component retirement or that he be issued a 15-year letter.
2. The applicant states, in effect, that he has 17 qualifying years of service and that he requested the paperwork for a 15-year retirement be initiated before
18 February 2005. However, no paperwork was ever started.
3. The applicant provides an undated DA Form 4187 (Personnel Action); a DA Form 4651-R (Request for Reserve Component Assignment or Attachment), dated 22 September 2004; orders, dated 10 February 2003, 9 June 2003,
13 February 2004, and 18 February 2005; a memorandum, dated 16 September 2003; service medical records; DA Forms 3349 (Physical Profile), dated
11 February 2004 and 5 February 2004; a DD Form 214 (Certificate of Release or Discharge from Active Duty); a DA Form 638 (Recommendation for Award), dated 31 May 2003; a DA From 2173 (Statement of Medical Examination and Duty Status), dated 12 February 2004; a U.S. Army Reserve Personnel Command Chronological Statement of Retirement Points, dated 14 December 2006; a letter, dated 5 October 2007, from the Director, Personnel Actions and Services, U.S. Army Human Resources Command, St. Louis, Missouri; and a letter, dated 4 January 2008, from a Member of Congress.
CONSIDERATION OF EVIDENCE:
1. After having had prior service, the applicant was ordered to active duty from the U. S. Army Reserve on 22 February 2003 in support of Operation Iraqi Freedom.
2. A DA Form 2173, dated 12 February 2004, shows the applicant injured his left shoulder on 21 May 2003 in Iraq. This injury was considered to have been incurred in the line of duty.
3. On 21 February 2004, the applicant was released from active duty.
4. On 18 February 2005, the applicant was released from his troop program unit for being medically disqualified and assigned to the Retired Reserve.
5. The applicantÂ’s U.S. Army Reserve Personnel Command Chronological Statement of Retirement Points, dated 14 December 2006, shows he had
17 years, 8 months, and 14 days of creditable service for retired pay.
6. Title 10, U.S. Code, Section 12731b(a) states that a member of the Selected Reserve who no longer meets the qualifications for membership in the Selected Reserve solely because the member is unfit because of physical disability may, for the purposes of section 12731 (Age and Service Requirements) of this title, be treated as having met the service requirements and be provided with the notification required if he has completed at least 15 and less than 20 years of service.
DISCUSSION AND CONCLUSIONS:
The applicant was in the Selected Reserve at the time he was found medically unfit for retention and he had completed 17 years, 8 months, and 14 days of creditable service for retired pay. Therefore, it would be equitable to issue him a 15-year letter.
BOARD VOTE:
XX_____ __XX____ __XX____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by issuing to him a 15-year letter.
____ XX ______
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20080001329
3
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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