BOARD DATE:	  28 July 2011

		DOCKET NUMBER:  AR20100028494 


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 she be issued a 15-year letter so that she may retire from the Army Reserve at age 60.

2.  The applicant states that she received orders dated 10 April 2009 stating that she was authorized early retirement under Title 10 but she never received her 15-year letter.

3.  The applicant provides copies of:

* orders transferring her to the Retired Reserve
* An Acknowledgement Notification of Medical Unfitness for Retention and Election of Options
* A DA Form 4856 (Developmental Counseling Form)
* A DA Form 3349 (Physical Profile)
* A DA Form 4187 (Personnel Action)
* A letter from the Human Resources Command (HRC), Fort Knox, Kentucky

CONSIDERATION OF EVIDENCE:

1.  The applicant was born on 15 July 1966 and she initially served in the Arkansas Army National Guard from 1 June 1984 to 10 March 1985.

2.  On 11 March 1985, she enlisted in the Regular Army and served on active duty as a medical laboratory specialist until she was honorably discharged on
22 November 1995, in pay grade E-6.  She had served 11 years, 3 months, and 12 days of total active service.  She enlisted in the U.S. Army Reserve (USAR) the following day.

3.  On 24 August 2008, she was issued a permanent profile for lower back pain (degenerative disc disease) and was deemed not to meet Army Medical Retention Standards in accordance with Army Regulation 40-501. 

4.  On 10 March 2009, orders were published by the 81st Regional Support Command (RSC) which transferred the applicant to the Retired Reserve effective 10 April 2009 due to being medically disqualified – Not as a result of her own misconduct.  These orders indicate in special instructions the applicant is authorized early retirement under Title 10, U.S. Code, Section "1273b." 

5.  On 3 July 2009, the applicant elected to separate from her troop program unit and be transferred to the Retired Reserve with early qualification for retired pay at age 60.  The applicant also indicated on her election of options that she had at least 15 years of qualifying service with the last 6 years having been creditable Reserve service.

6.  On 28 June 2010, the Commander, 81st RSC submitted a request to HRC requesting that the applicant be issued a 15-year letter.

7.  On 27 October 2010, HRC dispatched a letter to the applicant informing her that at the time she attained 15 qualifying years of service the law required that the last 8 years must be in the Reserve and her records failed to verify that such was the case.  Accordingly, she was not entitled to be issued a 15-year letter.  She was further advised that she could apply to this Board.

8.  A review of the applicant’s ARPC Form 249-E (Chronological Statement of Retirement Points) failed to show that the applicant had completed the last 8 years of qualifying service in the Reserve Components.  She completed her 15th year of qualifying service at retirement year ending (RYE) 31 May 2002, at which time she had completed 3 of her qualifying years of service in a Reserve Component.

9.  Public Law 106-65, enacted 5 October 1999, amended chapter 1223 (Retired Pay for Non-Regular Service) of Title 10, USC 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 and, at the time, the last 8 years of qualifying service was in the Reserve Components.  A qualifying year is one in which a Reserve Soldier earns 50 retirement points or more. 

10.  The law has changed the number of qualifying years that a Soldier must have in order to qualify for a Reserve retirement a number of times, but the number of qualifying years required has always been determined by the date the Soldier attained 20/15 qualifying years of service without regard to component.  For example, during the period 5 October 1994 - 31 December 2001, the last 6 years of qualifying service must have been served in a Reserve Component.  During the period 1 January 2002 - 30 September 2002, the required number of years was 8.  During the period 1 October 2002 - 25 April 2005, it was again 6.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that she should be issued a 15-year letter has been noted and appears to lack merit.  The last 8 years of her qualifying service were not performed in a Reserve Component as required by the law in effect at the time she reached her 15th qualifying year.

2.  Accordingly, it does not appear that she is eligible to be issued a 15-year letter based on the current calculation of her retirement points. 

3.  Therefore, there appears to be no basis to grant her request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x__  ___x_____  ___x_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. 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.
2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States.  The applicant and all Americans should be justifiably proud of her 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)                                         AR20100028494



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ABCMR Record of Proceedings (cont)                                         AR20100028494



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