IN THE CASE OF:	

		BOARD DATE:	  26 March 2009

		DOCKET NUMBER:  AR20080018109 


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 the Selected Reserve 15-year letter issued to her on 25 February 2005 be revoked and that she be issued a 20-year letter for eligibility of retired pay at age 60.

2.  The applicant states that her points detail sheet shows that upon her release from active duty she returned to her unit where she was allowed to continue to drill.  She states that because her units were deploying she was allowed to continue to drill to earn points towards her retirement.

3.  The applicant provides, in support of her application, copies of her 15-year Selected Reserve letter; her orders for transfer to the Retired Reserve; her ARPC Form 249-E (Chronological Statement of Retirement Points), dated 
18 June 2008; her retirement points summary; her orders for release from active duty effective 20 April 2005; and her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 20 April 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military personnel records show she enlisted in the Regular Army on 24 June 1981 for a period of 3 years.  She completed basic combat training and advanced individual training and was awarded the military occupational specialty of 71C (Stenographer).  She was released from active duty on 28 September 1982 under the Expeditious Discharge Program.  She had completed 1 year, 3 months, and 5 days of active service that was characterized as honorable.
2.  On 22 February 1987, she reenlisted in the U.S. Army Reserve for a period of 
6 years and continued to serve through subsequent reenlistment/extensions.

3.  The applicant was ordered to active duty in support of Operation Enduring Freedom, to report on 7 February 2004.

4.  On 12 January 2005, a formal Physical Evaluation Board (PEB) found the applicant physically unfit for her chronic pain, right ankle, and right shoulder.  The PEB found the applicant's medical and physical impairment prevented reasonable performance of duties required by her grade and military specialty.  The PEB also found there was compelling evidence to support a finding that the applicant's current condition existed prior to service (EPTS) and was not permanently aggravated beyond natural progression by such service.  The PEB found the applicant had right ankle surgery prior to activation in 2003 and her other conditions were related to surgical treatment of her EPTS ankle problem in October 2003.  The PEB determined that recognized risks associated with treatment for conditions existing prior to service are not considered service-aggravated and, therefore, are not compensable.  The PEB recommended the applicant be separated from the service without disability benefits.

5.  A letter, dated 25 February 2005, from U.S. Army Reserve Personnel Command, St. Louis MO notified the applicant that as a Selected Reserve member with at least 15 years of qualifying service, she was eligible to apply for retired pay upon attaining age 60 due to her physical disability that was not incurred in the line of duty (Selected Reserve 15-year letter).  She was also notified that her retired pay at age 60 would be based only on points earned prior to her transfer to the Retired Reserve.

6.  On 20 April 2005, the applicant was released from active duty by reason of completion of required active service and returned to her unit.

7.  A retirement points summary obtained from the applicant's official military personnel file (OMPF) in iPERMS (interactive Personnel Electronic Records Management System) shows she continued to earn retirement points for active and inactive duty for training from 1 January 2005 to 3 June 2007.

8.  Headquarters, 81st Regional Readiness Command, Birmingham, AL Orders 07-130-00082, dated 10 May 2007, transferred the applicant to the Retired Reserve effective 9 June 2007 by reason of her being medically disqualified - not result of own misconduct.


9.  Title 10, U.S. Code, Chapter 1223 (Retired Pay for Non-Regular Service), section 12731b (Special rule for members with physical disabilities not incurred in line of duty) provides, in pertinent part, that in the case of a member of the Selected Reserve of a reserve component who no longer meets the qualifications for membership in the Selected Reserve solely because the member is unfit because of physical disability, the Secretary concerned may, for purposes of entitlement to retirement pay, determine to treat the member as having met the required 20 years of qualifying service.  The Secretary concerned shall notify each person who has completed the years of service required for eligibility for retired pay if the member has completed at least 15 years, and less than 20 years, of qualifying service.

10.  Army Regulation 135-180 (Qualifying Service for Retired Pay Nonregular Service) provides that upon a Soldier's application for retired pay, a computation to determine the number of years of qualifying service, years for percentage purposes, and years for basic pay purposes will be made.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's Selected Reserve 15-year letter was issued based on the findings of the PEB, dated 12 January 2005.  Therefore, there is no error or injustice in the issuance of her 15-year letter.

2.  The purpose of a 20-year is to notify the Reserve Component Soldier of his or her eligibility to apply for retired pay upon attaining age 60.  The applicant had already been issued a Selective Reserve 15-year letter notifying her of her eligibility to apply at age 60 for retired pay.  Therefore, there is no requirement to notify her again of her eligibility.

3.  Upon application for retired pay at age 60, a computation to determine the number of years of qualifying service, years for percentage purposes, and years for basic pay purposes will be made using all of the applicant's service prior to her transfer to the Retired Reserve on 9 June 2007.

4.  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 that 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)                                         AR20080018109



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ABCMR Record of Proceedings (cont)                                         AR20080018109



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