IN THE CASE OF:	  

		BOARD DATE:	  31 May 2012

		DOCKET NUMBER:  AR20110023374 


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 the issuance of a 15-year letter of eligibility for 
non-Regular retirement at age 60.

2.  The applicant states:

* he has enough good years in the military to get a medical discharge
* he completed 16 good years of service
* he did not know about the standard for a good or a bad year in the U.S. Army Reserve (USAR)

3.  The applicant provides:

* DA Form 4651-R (Request for Reserve Component (RC) Assignment or Attachment) 
* medical disqualification election statement
* leave and earnings statements
* medical review notification
* notification of medical unfitness for retention
* honorable discharge orders
* medical documents
* DA Form 2173 (Statement of Medical Examination and Duty Status)
* DA Form 3349 (Physical Profile)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* 
various medical consultation sheets
* Department of Veterans Affairs Rating Decision

CONSIDERATION OF EVIDENCE:

1.  The applicant was born on 20 May 1959.

2.  He enlisted in the Regular Army on 30 August 1979 and completed training for military occupational specialty (MOS) 11B (Infantryman).  He was honorably released from active duty on 29 August 1983 and he was transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligation.

3.  His DD Form 214 shows he completed 4 years of creditable active service during this period.

4.  He enlisted in the Georgia Army National Guard (ARNG) on 13 September 1986 and performed duties in MOS 11B.  He was discharged from the ARNG on 12 September 1988.

5.  He enlisted in the USAR on 14 October 1992 and actively participated in training with his Reserve unit.  He served through an extension and a reenlistment in a variety of assignments and attained the rank/grade of staff sergeant/E-6.

6.  On 12 February 2000 while performing inactive duty training, he injured his knee during physical training.  He was issued a temporary physical profile on at least two occasions.

7.  On 28 July 2003, the Deputy Surgeon, 81st Regional Readiness Command (RRC), notified his commander by memorandum that a review of his medical records indicated he did not meet the retention requirements of chapter 3, Army Regulation 40-501 (Standards of Medical Fitness), due to degenerative disc disease, arthritis, and asthma.

8.  The facts and circumstances that occurred subsequent to this notification are not available for review with this case.  However, on 3 March 2004, a second notification originated from the 81st RRC to the applicant informing him that he was determined to be medically disqualified for continued service in the USAR as a result of his medical examination.  He was instructed to complete an endorsement regarding his medical disqualification.

9.  He completed an endorsement indicating his requested reassignment to the Retired Reserve with early qualification of eligibility to receive retired pay at age 60 in accordance with Title 10, U.S. Code, section 12731b.  He indicated he had at least 15 but less than 20 qualifying years of service for retired pay with at least the last 6 years in an RC status.

10.  On 18 March 2004, a DA Form 4651-R was forwarded to the 81st RRC wherein the applicant requested an honorable discharge due to medical disqualification due to a non-duty related medical issue.

11.  On 14 April 2004, the 81st RRC published Orders 04-105-00018 ordering the applicant's honorable discharge from the USAR effective 7 April 2004.

12.  His Army Reserve Personnel Command (ARPC) Form 249-E (Chronological Statement of Retirement Points) shows he completed 12 years of qualifying service toward non-Regular retirement.

13.  On 3 May 2012, the U.S. Army Human Resources Command, Fort Knox, KY, corrected the applicant's ARPC Form 249-E to add 4 years of prior active service that was missing from his previous ARPC Form 249-E.  This correction established that the applicant actually completed 15 years, 8 months, and 14 days of qualifying service toward non-Regular retirement.

14.  The applicant will reach age 60 on 20 May 2019.

15.  Title 10, U.S. Code, section 12731, provides the legal age and service requirements for non-Regular retirement.  It states a person is entitled to retired pay upon application if the person has attained the applicable eligibility age, has performed at least 20 years of service computed under section 12732 of this title, and is not entitled to retired pay from an Armed Force or retainer pay as a member of the Fleet Reserve or the Fleet Marine Corps Reserve under any other provision of law.

16.  Title 10, U.S. Code, section 12731b, effective 5 October 1999, provides a special rule for members with physical disabilities not incurred in the line of duty. 
It states that in the case of a member of the Selected Reserve of an RC 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 the purpose of section 12731 of this title, determine to treat the member as having met the service requirement and provide the member with notification required if the member completed at least 15 but less than 20 years of qualifying service for retirement purposes.  This special provision of the law is applicable only to members who are medically disqualified for continued service in an RC.

DISCUSSION AND CONCLUSIONS:

1.  By law and regulation, RC members are required to complete 20 years of qualifying service to be eligible for non-Regular retirement.  However, a member of the Selected Reserve of an RC who is medically disqualified for continued service in an RC may be considered as having met the service requirement and may be issued a Notification for Eligibility for Non-Regular Retired Pay at Age 60 (15-year letter) if the member completed at least 15 but less than 20 years of qualifying service for non-Regular retirement purposes.

2.  The applicant was determined to be medically disqualified for continued service in the USAR based on a review of his medical records by an official medical authority of the 81st RRC.  He was provided with an option statement and he elected to transfer to the Retired Reserve.  It appears his chronological record of retirement points was not updated at the time and reflected completion of only 12 years of qualifying service.

3.  A correction was made to his chronological record of retirement points and, as such, it now shows he completed at least 15 but less than 20 qualifying years of service for non-Regular retirement.  Since he was discharged due to a medical disqualification, he completed 15 qualifying years, and he was in the Selected Reserve at the time, he should be issued a 15-year letter and orders transferring him to the Retired Reserve.

BOARD VOTE:

___x____  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 Notification of Eligibility for Retired Pay at Age 60 (15-year letter)
* amending Orders 04-105-00018 issued by the 81st RRC on 14 April 2004 to show he was transferred to the Retired Reserve



      _____________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)                                         AR20110023374



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ABCMR Record of Proceedings (cont)                                         AR20110023374



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