IN THE CASE OF:
BOARD DATE: 26 September 2013
DOCKET NUMBER: AR20130001049
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, reconsideration of an earlier request for a 15-year or 20-year Reserve retirement.
2. The applicant states:
* when he was in the Army they didn't give out a 15-year letter
* that wasn't until 1992 and it was just temporary
* it wasn't made permanent until later
* that is why he doesn't have a 15-year letter
3. The applicant provides:
* National Guard Bureau (NGB) Form 23 (Army National Guard Retirement Credits Record)
* Record of his military service, dated 14 February 1985
* Reassignment orders
* Discharge orders
* NGB Form 22 (Report of Separation and Record of Service)
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120007458, on 18 October 2012.
2. He provides an NGB Form 23 which shows he earned:
* 58 retirement points for retirement year ending (RYE) 3 January 1979
* 83 retirement points for RYE 3 January 1980
* 78 retirement points for RYE 3 January 1981
* 78 retirement points for RYE 3 January 1982
* 80 retirement points for RYE 3 January 1983
* 104 retirement points for RYE 3 January 1984
* 78 retirement points for RYE 3 January 1985
* 13 retirement points for RYE 2 April 1985
3. This documentation is new evidence that will be considered by the Board.
4. The applicant was born on 19 November 1947. He was inducted into the Army of the United States on 4 January 1968 and he held military occupational specialty (MOS) 76Y (Unit Supply Specialist). He was honorably released from active duty on 22 October 1969 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation. His DD Form 214 shows he completed 1 year, 9 months, and 19 days of creditable active service.
5. Records show he served in Reserve units from 1973 to 1978.
6. He enlisted in the Iowa Army National Guard (ARNG) on 23 May 1978. He was honorably discharged from the ARNG on 2 April 1985. Orders, dated 4 April 1985, show he was discharged by reason of physical disability with entitlement to severance pay.
7. His NGB Form 22 shows he completed 6 years, 10 months, and 10 days of ARNG service during this period with 8 years, 5 months, and 9 days of prior Reserve Component (RC) service as well as 1 year, 9 months, and 19 days of prior active service for a total of 17 years, 1 month, and 8 days of total service for pay.
8. There is no evidence which shows he completed 20 years of qualifying service for retired pay purposes.
9. Public Law 103-337, dated 5 October 1994, established early reserve retirement eligibility for Soldiers involuntarily separated from the Selected Reserve due to physical disability not incurred in the line of duty during the period 5 October 1994 through 30 September 1999 (later extended through
31 December 2001). Eligibility is based on a minimum of 15 years of qualifying service toward RC retirement. Title 10, U.S. Code, section 12731a(a)(1) was amended to extend the Early Reserve Retirement Eligibility for Disabled Members to the period beginning on 23 October 1992.
10. Title 10, U.S. Code, sections 12731 through 12740, currently authorize retired pay for RC 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 Early Reserve Retirement Eligibility for Disabled Members law does not apply in this case. The applicant was discharged from the ARNG prior to enactment of the law authorizing early retirement. In addition, he was discharged due to a disability incurred in the line of duty. Regrettably, there is no basis for granting the applicants request for a 15-year Reserve retirement.
2. In addition, he did not complete 20 qualifying years of service for non-regular retirement at age 60. Since he did not complete 20 qualifying years of service, there is no basis for granting a 20-year Reserve retirement.
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 to amend the decision of the ABCMR set forth in Docket Number AR20120007458, dated 18 October 2012.
_______ _ _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) AR20130001049
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ABCMR Record of Proceedings (cont) AR20130001049
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