IN THE CASE OF:
BOARD DATE: 24 July 2008
DOCKET NUMBER: AR20080006172
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that he be granted Combat Related Special Compensation (CRSC) and in effect 20 years of service.
2. The applicant states, in effect, that he completed 20 years and ten months for retirement.
3. The applicant provides a Notification of Eligibility for Retired Pay at Age 60 (Twenty Year Letter); a CRSC Reconsideration Request; a document pertaining to CRSC; a memorandum pertaining to a phone call on 19 June 2006 to CRSC; a letter, dated 16 May 2007, to the Defense Finance and Accounting Service; a NGB [National Guard Bureau] Form 22 (Report of Separation and Record of Service); and a DA Form 2339 (Application for Voluntary Retirement).
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 13 October 1969 for a period of 3 years. He trained as a special equipment repair parts specialist and was honorably discharged on 18 August 1971. He completed 1 year, 10 months, and 6 days of creditable active service.
3. Having prior service in the Army National Guard, the applicant enlisted again in the Army National Guard on 21 February 1981. He entered active duty on
29 September 1986 in an Active Guard Reserve status. On 27 January 1999, he voluntarily elected to be processed for retirement under the Temporary Early Retirement Authority (TERA). On 31 July 1999, the applicant was retired from active duty in the rank of sergeant first class. He was honorably discharged from the Army National Guard on 31 July 1999 and transferred to the Retired Reserve.
4. Orders, dated 5 February 1999, show the applicant completed 15 years and
3 days of creditable service for his voluntary retirement and 20 years, 10 months, and 11 days of service for pay.
5. On 5 July 2006, the applicant received his Notification of Eligibility for Retired Pay at Age 60 (Twenty Year Letter).
6. The National Defense Authorization Act (NDAA) for Fiscal Year 2003 granted a special payment to certain disabled retirees - Combat Related Special Compensation (CRSC). The initial eligibility criteria was for a retired member who met each of four conditions to have been considered to meet the Preliminary CRSC Criteria, to include having 20 or more years of service in the Uniformed Services for the purposes of computing the amount of retired pay. A retired Reserve with retired pay computed under the provisions of chapter 1223 of Title 10, U. S. Code, must have had 20 or more years of service as defined by Title 10, U. S. Code, section 12733. Members retired under the TERA were not eligible unless the member had been recalled to active duty long enough to accumulate 20 years or more of service.
7. The NDAA for Fiscal Year 2008 was signed into law on 28 January 2008. It expanded the eligibility of CRSC to include anyone receiving military retired pay. This includes TERA and Temporary Disability Retired List retirees. These new eligible components for CRSC went into effect 1 January 2008. Medical and TERA retirees must still provide documentation that shows a causal link between a current Department of Veterans Affairs disability and a combat-relate event.
8. To receive CRSC benefits, retirees must apply with their Branch of Service on a DD Form 2860. The Service will determine which disabilities, if any, qualify as combat-related. Additional information may be obtained by calling toll-free 1-866-281-3254 for additional information.
DISCUSSION AND CONCLUSIONS:
1. The applicant was never a retired Reserve. He never drew Reserve retired pay. He retired by reason of completing sufficient service for an active duty retirement. However, since he retired under the TERA, with less than 20 years of active duty service, he was not eligible for CRSC under the initial eligibility criteria.
2. However, he became eligible when the law changed effective 1 January 2008. He may reapply with his Branch of Service on a DD Form 2860 to receive CRSC benefits. The Service will determine which disabilities, if any, qualify as combat-related. Additional information may be obtained by calling toll-free 1-866-281-3254 for additional information.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___xx___ ___xx___ ___xx___ 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.
_______xxxx _______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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