IN THE CASE OF:
BOARD DATE: 3 September 2008
DOCKET NUMBER: AR20080009637
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 she receive her 15-year letter (i.e., entitlement to an early Reserve retirement due to physical disability).
2. The applicant states, in effect, that her unit disbanded and she did not receive her 15-year letter. She is unable to receive her retired identification card.
3. The applicant provides her mothers funeral service program; assignment orders, dated 16 May 1995; a letter, dated 23 January 2008, from the Department of Veterans Affairs (VA); and VA medical records, dated 3 November 2000, 21 October 2002, and 11 May 2006.
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 was born on 21 February 1957. After having had prior service in the Regular Army, she enlisted in the U. S. Army Reserve on 8 April 1982.
3. The applicant provided VA medical records that indicate she suffered a gunshot wound to her right knee/leg in 1979 and had several surgeries in 1981 and 1982 for stabilization. They also indicated that she was able to ambulate with assistance using a cane, but since her strokes in 1986 and 1987 she had severe residual right-sided weakness.
4. On 5 February 1995, the applicant was counseled concerning her medical disqualification for retention. She was also informed that she would be paid retired pay at age 60.
5. On 1 June 1995, the applicant was released from her troop program unit as a result of medical disqualification for retention and was transferred to the Retired Reserve. As of retirement year ending 7 April 1995 she had completed 16 years, 11 months, and 1 day of qualifying service for a Reserve retirement, the last 10 years of which had been served in a Reserve component.
6. Title 10. U.S. Code, section 12731a, was the temporary special retirement qualification authority. A revision dated 5 October 1994 provided that, during the period 1 October 1991 through 30 September 1999, a member of the Selected Reserve who had completed at least 15, and less than 20, years of qualifying service and who no longer met the qualifications for membership in the Selected Reserve solely because the member was unfit because of physical disability, and upon the request of the member, may be transferred to the Retired Reserve and treated as having met the service requirements and be provided with the notification required if he had completed at least 15 and less than 20 years of service.
DISCUSSION AND CONCLUSIONS:
1. The applicant was in the Selected Reserve when she was found to be medically disqualified for retention. When she was transferred to the Retired Reserve for this reason on 1 June 1995, she had completed 16 years,
011 months, and 1 day of qualifying service for a Reserve retirement.
2. The applicant was eligible for and should have received a 15-year letter, which will entitle her to retired pay at age 60. Receipt of this letter should also entitle her to receipt of gray-area retiree benefits to include a military identification card, obtainable from an installation identification card issuing facility.
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 the applicant a 15-year letter.
_______ _ 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.
ABCMR Record of Proceedings (cont) AR20080009637
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080009637
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080007614
IN THE CASE OF: BOARD DATE: 5 August 2008 DOCKET NUMBER: AR20080007614 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, that her records be corrected to show she is entitled to an early Reserve retirement due to physical disability. The applicant states that when she was discharged from the Army National Guard (ARNG), her U.S. Air Force Reserve (USAFR) service was not on her record.
ARMY | BCMR | CY2009 | 20090016354
The applicant requests she be issued a DD Form 1173-1 (United States Uniform Services Identification and Privilege Card) and insurance benefits as a former spouse of a deceased former service member (FSM). On 8 November 2007, the Army Board for Correction of Military Records (ABCMR) voted to grant the applicant's request that she be entitled to a Survivor Benefit Plan (SBP) annuity based on her former spouse's military service. The FSM and the applicant married on 6 March 1982.
ARMY | BCMR | CY2014 | 20140013210
The applicant requests reconsideration of her earlier request for correction of the following documents to show her rank and grade as major (MAJ)/O-4 instead of captain (CPT)/O-3: * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 November 1982 * U.S. Army Reserve (USAR) discharge orders, dated 6 October 1994 * DD Form 256A (Honorable Discharge Certificate), dated 6 October 1994 * USAR Personnel Center (DARP) Form 249-2-E (Chronological Statement of...
ARMY | BCMR | CY2009 | 20090009694
A copy of the option memorandum is not available for review with this case; however, it would have required the applicant to acknowledge the notification and elect one of the following options on the notification of medical unfitness for retention and election of options: a. request reassignment to the Retired Reserve in accordance with Army Regulation 140-10 (Assignments, Attachments, Details, and Transfers), if she had completed 20 years of qualifying years; b. request reassignment to the...
ARMY | BCMR | CY2009 | 20090015284
The applicant requests, in effect, that she be medically retired instead of being discharged from the U.S. Army Reserve (USAR). Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), chapter 8, provides for medical evaluation boards, which are convened to document a service member's medical status and duty limitations insofar as duty is affected by the member's medical status. The applicant's medical records were not available for review and the applicant...
ARMY | BCMR | CY2007 | 20070011643
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. 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. Based on the provisions of law in effect at the time the...
ARMY | BCMR | CY2001 | 2001063604C070421
APPLICANT REQUESTS: That the records of her deceased former spouse, a former service member (FSM), be corrected to show he changed his Reserve Component Survivor Benefit Plan (RCSBP) coverage from spouse to former spouse. The FSM and the applicant divorced on 9 February 1999. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion it is concluded:
ARMY | BCMR | CY2007 | 20070009174
A Chronological Statement of Retirement Points (ARPC Form 249-2-E) on file in her Official Military Personnel File (OMPF) shows that she has compiled 3348 creditable retirement points, and completed 18 years and 9 months of qualifying service for retirement. The HRC-St. Louis advisory opinion provided during the 2006 review of the applicant's case by the Board indicated that the applicant was in an active status and earned retirement points during the period she was in the ROTC SMP between...
ARMY | BCMR | CY2011 | 20110002228
Correction of her records as follows: * void her discharge from the USAR * issue her a 20-year letter for having completed 15 qualifying years of service * authorize her Regular Army retirement pay effective 12 April 1996 * authorize her access to the Selected Reserve Transition Benefits Program (SRTBP) * authorize her separation pay * reinstate her commission and reassign her to the Retired Reserve effective 12 April 1996 * correct her military records to include anything that contains...
ARMY | BCMR | CY2002 | 2002080926C070215
The law in effect at the time of the applicant’s discharge from the NYARNG, authorized the retirement of soldiers who had completed at least 15, but less than 20 years of service under certain circumstances. In view of the facts of this case, and given the verification of the applicant’s retirement eligibility provided by ARPERSCOM retirement officials, the Board concludes that it would be appropriate to correct the record to show the applicant was eligible for non-regular retired pay at...