IN THE CASE OF:
BOARD DATE: 2 December 2010
DOCKET NUMBER: AR20100010334
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 issued a 15-year letter in order to be able to receive non-regular retired pay at age 60.
2. The applicant states that he attempted to re-enter the Army Reserve to complete his 20 years and his request was denied; therefore, he requests that he be issued a 15-year letter so that he may receive Retired Pay at age 60.
3. The applicant provides a copy of his Chronological Statement of Retirement Points (ARPC Form 249-E) showing that he has 17 years, 3 months, and
14 days of qualifying service for retirement.
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 27 February 1961 and enlisted in the Regular Army on 24 March 1980. He served until he was released from active duty (REFRAD) on 22 November 1984 and was transferred to the United States Army Reserve (USAR).
2. He enlisted in the Pennsylvania Army National Guard (PAARNG) on 7 February 1985 and served until he was discharged on 6 February 1990. He again enlisted in the PAARNG on 23 March 1992 and served until he was honorably discharged on 5 June 1997 to enlist in the USAR.
3. On 6 June 1997, he enlisted in the USAR and served until he was honorably discharged on 7 June 2000. On 26 January 2001, he enlisted in the USAR for a period of 8 years; however, on 30 April 2004, orders number 041-121-00012 were published transferring the applicant to the Retired Reserve effective 1 May 2004 due to being medically released from his troop program unit (TPU), not as a result of his own misconduct. He had completed 17 years, 3 months, and 14 days of qualifying service for retirement. The facts and circumstances surrounding his transfer to the Retired Reserve are not present in the available records.
4. In May 2009, the applicant applied to this Board requesting that his transfer to the Retired Reserve for medical reasons be voided and that he be allowed to re-enter the USAR to complete his 20 years of service. The Board at that time contended that there was insufficient evidence to make such a determination and relied on the presumption of regularity that the Army had properly transferred him to the Retired List due to being medically disqualified not as a result of his own misconduct. Accordingly, his request to have his records show that he was medically qualified to serve in the USAR or that he was no longer medically disqualified was denied.
5. In the processing of this case a staff advisory opinion was requested from the Human Resources Command, Transitions and Separation Branch; however, that office was unable to render an opinion due to the lack of information available on the applicants case. The advisory opinion was provided to the applicant for comment and to date, no response has been received by the staff of the Board.
6. Public Law 106-65, enacted 5 October 1999, amended chapter 1223 (Retired Pay for Non-Regular Service) of Title 10, U.S. Code by adding section 12371b, (Special rule for members with physical disabilities not incurred in line of duty). Section 12731b states that a member of the Selected Reserve who no longer meets the qualification for membership in the Selected Reserve solely because the member is unfit because of physical disability pay, for the purpose of section 12371 (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 years and less than 20 years of service.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he should be issued a 15-year letter has been noted and appears to have merit.
2. While it cannot be determined with any degree of certainty the extent of the applicants medical disqualifications, the fact remains that he was transferred to the Retired Reserve on 1 May 2004 for medical disqualifications that were not due to his own misconduct well before his expiration of term of service (25 January 2007).
3. Inasmuch as the Board has previously relied on the presumption that the applicant was properly transferred to the Retired Reserve due to medical disqualifications that were not due to the applicants own misconduct, it must also presume that he is entitled to be issued a 15-year letter based on his medical disqualifications.
4. Accordingly, it would be in the interest of justice at this time to issue him a 15-year letter.
BOARD VOTE:
____X___ __X_____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 the applicant a 15-year letter that will allow him to apply for non-regular retired pay at age 60.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20100010334
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100010334
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110003134
On 30 March 2000, the PAARNG issued the FSM a Notification of Eligibility for Retired Pay at Age 60 (15-year letter). Army Regulation 135-180 (ARNG and Army Reserve Qualifying Service for Retired Pay Non-regular Service) states that a person granted retired pay will receive such pay in the highest grade (temporary or permanent) satisfactorily held by him or her during his or her entire period of service. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2013 | 20130011817
The applicant requests that his records be corrected to show he was retired in the pay grade of E-5 instead of being honorably discharged in the pay grade of E-2. He was 42 years of age at the time of his discharge. A review of the applicant's records failed to show he had 20 qualifying years of service.
ARMY | BCMR | CY2007 | 20070017218
c. U.S. Army Reserve Personnel Center, St. Louis, Missouri, Orders C-06-02539, dated 20 June 1986 (Relief from the USAR Control Group-Reinforcement). He is currently a retired USAR SGT/E-5. In light of the applicants over four years of satisfactory service as a SSG/E-6, and in light of the fact that he was not reduced for misconduct or inefficiency, he should have been placed on the Retired List in that rank and pay grade at the time of his retirement.
ARMY | BCMR | CY2013 | 20130003407
His rater also stated "During the rated period [applicant] was not able to perform flight duties due to medical grounding. The VSI pays an annual annuity payment equal to 2.5 percent of the Soldiers annual basic pay at separation from the active Army multiplied by the Soldier's number of years of service and paid for twice the number of years the Soldier had served at the time of separation. Army Regulation 635-40, paragraph 4-19 states when a Soldier has a rating of less than 30 percent...
ARMY | BCMR | CY2009 | 20090003423
The applicant requests that his transfer to the Retired Reserve due to medical disqualification be corrected to a discharge for physical unfitness. Notwithstanding the USAR Personnel Command's determination that the applicant's medical disqualification was duty related, the preponderance of evidence shows that it was not. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing that he was found medically disqualified...
ARMY | BCMR | CY1996 | 9610121C070209
The applicant requests that his discharge from the USAR be voided and that he instead be transferred to the Retired Reserve. He states that when he was discharged from the Pennsylvania Army National Guard (PAARNG) and as a Reserve of the Army he should have instead been transferred to the Retired Reserve because at the time, he was informed by his unit technician that he was being transferred to the Retired Reserve. RECOMMENDATION: That all of the Department of the Army records related to...
ARMY | BCMR | CY2004 | 20040010368C070208
The applicant states that after further discussion with SFC T_____ he was informed that he could not be retained in the Reserve but he could be put in the Retired Reserve and that he would receive pay and full benefits. Army Regulation 135-180 also states in paragraph 2-3, that a 20-Year Letter will be issued to the Reserve component Soldier within 1 year after they complete 20 years of qualifying service for retirement. Louis process the applicant’s DD Form 108 (Application for Retired...
ARMY | BCMR | CY2009 | 20090009436
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. He states that he would like to appear before a "sergeant board" so he can reenter the Reserve and complete his 20 years of service. The available records show that the applicant again enlisted in the USAR for 8 years on 26 January 2001.
ARMY | BCMR | CY2003 | 2003083813C070212
The applicant requests, in effect, that he be transferred to the Retired Reserve. The evidence of record shows that the applicant was eligible for transfer to the Retired Reserve under Title 10, US Code, Section 12731b; however, he was not aware of the proper procedures on how to apply. However, there are no provisions in active Army Regulations to transfer a Regular Army enlisted member to the Retired Reserve.
ARMY | BCMR | CY2009 | 20090014487
It also advised the applicant that as a result of his medical disqualification, if he had at least 15 but less than 20 years of qualifying service for retired pay purposes, he could request reassignment to the Retired Reserve with early qualification of eligibility to receive retired pay at age 60. In it, he elected to be transferred to the Retired Reserve with early qualification to receive retired pay at age 60 because he had completed at least 15 years but less than 20 years of...