IN THE CASE OF:
BOARD DATE: 3 July 2008
DOCKET NUMBER: AR20080006448
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, in effect, that he be transferred to the Retired Reserve and authorized disability pay.
2. The applicant states that he, "was put out of the Army because of asthma and did not get my 15 year early retirement nor did I get disability for being put out because of my medical problem." He indicates that the error or injustice occurred on or about 1 January 2005. He also states, "I have been fighting this since I was put out. I deserve it because I served 15 honorable years."
3. The applicant provides copies of a Memorandum Notification of Medical Unfitness, dated 14 July 2005; an incomplete 3 August 2005 Personnel Action (DA Form 4187); and three pages of medical documents.
CONSIDERATION OF EVIDENCE:
1. The applicant served on active duty in the Regular Army from December 1976 to December 1979 and then participated in the in the United States Army Reserve (USAR) off and on until 16 August 2005 when he was discharged for having been found medically unfit for retention.
2. His ARPC Form 249-E (Chronological Statement of Retirement Points), dated 29 May 2008, shows he completed 9 years, 1 month, and 16 days of qualifying service for retired pay at age 60.
3. The 14 July 2005 memorandum states that the applicant may request transfer to the Retired Reserve in accordance with Army Regulation 140-10, if otherwise qualified. It states that he must complete the enclosed endorsement by the suspense date [30 August 2005].
4. On the attached endorsement the applicant initialed option b which states,
"I ___ request reassignment to the Retired Reserve with an early qualification of eligibility to receive retired pay at age 60. I have at least 15 years but less than 20 qualifying years of service for retired pay purposes. (Complete DA Form 4187, DA Form 4651-R [Request for Reserve Component Reassignment or Attachment], 20 year letter and this page with all required signatures)."
5. The DA Form 4187 bears an entry in Section IV-Remarks indicating that he was counseled about qualification for 15 years of qualifying service for non-regular retired pay retirement and the opportunity to select early qualification for retired pay at age 60 because of involuntary separation for medical disqualification. The applicant's name rank and serial number are not entered in the appropriate blocks. No attached documentation is identified. There is no indication that the form actually applies to the applicant.
6. Army Regulation 140-10 (Transfer to the Retired Reserve), paragraph 6-1,
provides that assignment to the Retired Reserve is authorized for Soldiers who:
(a) Are entitled to receive retired pay from the U.S. armed forces because of prior military service.
(b) Have completed a total of 20 years of active or inactive service in the U.S. armed forces.
(c) Are medically disqualified for AD resulting from a serviceconnected disability.
(d) Were appointed based on the condition the soldier immediately apply for transfer to the Retired Reserve.
(e) Reached the age of 37 and completed a minimum of 8 years of qualifying Federal service.
(f) Reached the age of 37, completed a minimum of 8 years of qualifying Federal service and served at least 6 months of active duty in time of war or national emergency.
(g) Completed 10 or more years of active Federal commissioned service.
(h) Are medically disqualified, not as a result of own misconduct, for retention in an active status or entry on active duty, regardless of the total years of service completed.
DISCUSSION AND CONCLUSIONS:
1. The ARPC Form 249-E, dated 29 May 2008, shows the applicant completed only 9 years, 1 month, and 16 days of qualifying service for retired pay at age 60.
2. There is no other evidence that he actually completed 15 qualifying years of service.
3. Except as provided in paragraph 7h above, [disqualified, not as a result of own misconduct, for retention in an active status or entry on active duty, regardless of the total years of service completed.] the applicant does not appear to be otherwise qualified for transfer to the Retired Reserve as is provided for by Army Regulation 140-10.
4. Transfer to the Retired Reserve under the provisions of paragraph 7h above would not have qualified him for receipt of pay at age 60 or early qualification for of such pay.
5. There is no available evidence showing that the applicant completed the documentation required by the memorandum of notification and the endorsement thereto.
6. 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.
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 for correction of the records of the individual concerned.
_ _______ X ______________
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.
ABCMR Record of Proceedings (cont) AR20080006448
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ABCMR Record of Proceedings (cont) AR20080006448
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