IN THE CASE OF:
BOARD DATE: 6 November 2012
DOCKET NUMBER: AR20120006612
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, in effect, his military records be corrected to show he completed 20 years of qualifying service for a Reserve Component retirement in the rank of sergeant first class.
2. The applicant states:
a. he did not receive the medical, physical, or administrative support per the Army Weight Control Program.
b. he served over 16 years.
c. he did not receive career guidance by the U.S. Army Reserve (USAR) or the Individual Ready Reserve (IRR) for advancement.
d. he sustained injuries while attempting to maintain his physical condition in the USAR and IRR.
e. he was recently determined a service connected veteran.
f. he was unjustly discharged from the USAR and not allowed to retire.
3. The applicant provides:
* A letter, dated 24 October 2011, he wrote to a Member of Congress
* USAR Honorable Discharge Certificates, dated 8 September 1988 and
8 September 1989
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 29 December 1954. He enlisted in the USAR on 24 May 1973 for a period of 6 years under the delayed entry program. He enlisted in the Regular Army on 30 May 1973 for a period of 3 years. On
20 May 1976, he was released from active duty and transferred to the USAR.
3. A DA Form 4856 (General Counseling Form), dated 15 May 1983, shows he was counseled for being overweight. He was informed his continued participation in the USAR was contingent upon him reducing his weight.
4. His final USAR enlistment document, dated 9 September 1982, shows he had 2 years, 11 months, and 27 days of prior active military service and he had
5 years, 11 months, and 16 days of total inactive military service.
5. On 8 September 1989, he was honorably discharged from the USAR.
6. His retirement points statement is not available.
7. There is no evidence of record in the available records which shows he was placed in the Army Weight Control Program prior to his discharge from the USAR on 8 September 1989.
8. There is no evidence in the available records which shows he was injured prior to his discharge from the USAR.
9. Sections 12731 through 12740 of Title 10, U.S. Code, authorize retired pay for Reserve Component military service. Under this law, a Reserve Soldier must complete a minimum of 20 qualifying years of service to be eligible for retired pay at age 60.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was unjustly discharged from the USAR and not allowed to retire.
2. He contends he did not receive the medical, physical, or administrative support per the Army Weight Control Program. However, there is no evidence of record which shows he was enrolled in the Army Weight Control Program prior to his discharge from the USAR on 8 September 1989. It is acknowledged that in 1983, six years prior to his discharge from the USAR, he was counseled on being overweight.
3. He contends he did not receive career guidance by the USAR or the IRR for advancement. However, there is no evidence of record and he provided no evidence to support this contention.
4. He contends he sustained injuries while attempting to maintain his physical condition in the USAR and IRR. However, there is no evidence of record and he provided no evidence to support this contention.
5. Records show he completed approximately 16 years and 3 months of qualifying service for retired pay.
6. By law, a Reserve Soldier must complete a minimum of 20 qualifying years of service to be eligible for retired pay. Since he did not complete 20 qualifying years of service, there is no basis for granting the applicants request.
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) AR20120006612
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ABCMR Record of Proceedings (cont) AR20120006612
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