IN THE CASE OF:
BOARD DATE: 14 October 2010
DOCKET NUMBER: AR20100010617
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 a 15-year letter.
2. The applicant states:
* Her unit failed to complete the necessary paperwork for her out-processing from the U. S. Army Reserve (USAR) to the Retired Reserve
* She retired in October 2004 and was eligible for retirement in September 2005
* She was retired early due to a medical disqualification
* Her unit assured her all the appropriate paperwork was filed and she would receive her 15-year letter in the next year or two
* Her unit was disbanded
* She has submitted the appropriate paperwork to obtain her retirement and it was returned because she did not have a 15-year letter
3. The applicant provides:
* DD Form 2656 (Data for Payment of Retired Personnel)
* DD Form 108 (Application for Retired Pay Benefits)
* Reassignment orders
* Letter, dated 23 October 2009, from the Chief, Transition and Separations Branch, U.S. Army Human Resources Command, St. Louis, Missouri
* USAR Chronological Statement of Retirement Points
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 15 September 1945. After having had prior enlisted service in the USAR, the applicant was commissioned a Reserve officer on 1 December 1989. She was promoted to major on 25 June 2000.
3. On 29 October 2004, the applicant was released from her troop program unit for being medically disqualified and assigned to the Retired Reserve.
4. The applicants USAR Personnel Command Chronological Statement of Retirement Points, dated 23 October 2009, shows she had 15 years of creditable service for retired pay.
5. On 23 October 2009, the applicant's application for retired pay was denied because she did not provide a 15-year letter, Notification of Eligibility for Retired Pay at Age 60 letter. With her application, she had submitted a DD Form 2656 in which she indicated she was single and elected not to participate in the Survivor Benefit Plan (SBP).
6. Title 10, U.S. Code, Section 12731b(a) states that a member of the Selected Reserve who no longer meets the qualifications for membership in the Selected Reserve solely because the member is unfit because of physical disability may, for the purposes of section 12731 (Age and Service Requirements) of this title, be treated as having met the service requirements and be provided with the notification required if he/she has completed at least 15 and less than 20 years of service.
DISCUSSION AND CONCLUSIONS:
1. The applicant was in the Selected Reserve at the time she was found medically unfit for retention and she had completed 15 years of creditable service for retired pay. Therefore, it would be equitable to show she is eligible for retired pay at age 60.
2. An SBP election must be made prior to the effective date of retirement or the SBP will, by law, default to automatic SBP spouse coverage (if married). This correction of records may have an effect on the applicants SBP status/coverage.
It appears the applicant was not married as of October 2009. She should contact the Defense Finance and Accounting Service (DFAS) to confirm her marital status as of September 2005, when she turned age 60. She may also contact her nearest Retirement Services Officer (RSO) for information and assistance. A listing of RSOs by country, state, and installation is available on the Internet at website http://www.armyg1.army.mil/RSO/rso.asp. The RSO can also assist with any TRICARE questions the applicant may have.
BOARD VOTE:
___X____ ___X____ __X_____ 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:
a. showing that she was eligible for early qualification for retired pay at age 60, that she applied for retired pay prior to turning age 60 on 15 September 2005, and that her application was approved and appropriately processed in a timely manner; and
b. paying to her all due retired pay retroactive to the date she turned age 60.
_______ _ 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) AR20100010617
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ABCMR Record of Proceedings (cont) AR20100010617
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