IN THE CASE OF:	  

		BOARD DATE:	  14 August 2014

		DOCKET NUMBER:  AR20130021092 


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 correction of his records to show that he was credited with completing 20 years of qualifying Reserve service and transferred to the Retired Reserve with entitlement to military retirement benefits.

2.  The applicant states he was forced to terminate his Reserve service due to the adverse impact his use of addictive substances had on his attendance and duty performance at inactive duty training.  He states the medical models for alcohol and drug addiction indicate that some people have a genetic and/or psychological predisposition to chemical dependency and he is one of those people.  He also states that he is currently in recovery and he has learned a lot about the disease of addiction and chemical dependency.  He adds that the Army never offered him rehabilitation counseling services.  Therefore, he requests a waiver for his last year of service so that he may qualify for Reserve retirement benefits.

3.  The applicant provides copies of his:

* DD Form 214 (Report of  Separation from Active Duty)
* Orders 12-1, dated 12 January 1991
* Medical Record, dated 19 September 2013

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 applicant's 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 applicant's 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 in August 1953.

3.  He enlisted in the Regular Army (RA) on 25 May 1972 for a period of 2 years.

4.  A DD Form 214 shows he was honorably released from active duty on 16 May 1974 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) with a terminal date of Reserve obligation of 24 May 1978.

5.  On 1 January 1976, the applicant enlisted in the USAR Control Group (Ready Reserve) where he continued to serve through a series of reenlistments.

6.  A DD Form 4/1 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows the applicant reenlisted in the USAR on 13 January 1985 for a period of 6 years.

7.  Fourth Army Area (4AA) Form 20-R (Request for Discharge), dated 
26 November 1990, shows the applicant requested discharge from the USAR, effective 12 January 1991, under the provisions of Army Regulation 135-178 (Enlisted Administrative Separations), chapter 11, paragraph 1, based on expiration term of service.

8.  Headquarters, Fourth U.S. Army, Fort Sheridan Orders, 12-1, dated 
12 January 1991, honorably discharged the applicant from the USAR effective 
12 January 1991.

9.  The applicant's AHRC Form 249-E (Chronological Statement of Retirement Points) shows the applicant served continuously in the RA from 25 May 1972 through 16 May 1974 and in the USAR from 17 May 1974 through 16 May 1996 and earned 13 years, 11 months, and 22 days of qualifying service for a nonregular retirement.

   a.  during retirement year ending (RYE) 17 May 1990 and RYE 16 May 1991 he earned 47 total points for each and
   b.  during RYE 17 May 1991 through RYE 16 May 1996 he earned 15 membership/total points for each period.

10.  A review of the applicant's military personnel records failed to show any evidence that he self-referred himself for rehabilitation counseling services or that he was involuntarily separated from the USAR.

11.  In support of his application the applicant provides a copy of a Veterans Affairs Heartland – East, Medical Record – Progress Notes, dated 19 September 2013, that shows he was discharged from the Inpatient Psychiatry Clinic following treatment for a psychiatric illness/disorder (substance abuse).

12.  Army Regulation 140-185 (Training and Retirement Points Credit and Unit Level Strength) prescribes the types of training and activities for which retirement points are authorized and the procedures for recording retirement point credits and training for USAR Soldiers (Ready Reserve and Active Standby Reserve).  Chapter 3 (Records) provides that an annual Statement of Retirement Points will be prepared for all Soldiers regardless of the number of points awarded.  The purpose of the statement is to give a permanent record of the total retirement points a Soldier earns during a RY; to tell the Soldier whether he/she earned sufficient points to be credited with a qualifying period for retired pay or for retention in an active status; and to give the Soldier an opportunity to request correction of errors in the statement.

13.  Army Regulation 135-180 (Qualifying Service for Retired Pay Nonregular Service) implements statutory authorities governing the granting of retired pay to Soldiers and former Reserve Component (RC) Soldiers.  Chapter 2 provides in:

	a.  paragraph 2-1 that to be eligible for retired pay, an individual need not have a military status at the time of application, but must have attained age 60, completed a minimum of 20 years of qualifying service, and served the last
8 years of his/her qualifying service as a RC Soldier; and

	b.  paragraph 2-8b that after 30 June 1949, a Reservist must earn a minimum of 50 retirement points each RY to have that year credited as qualifying service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his records should be corrected to show he completed 20 years of qualifying service for retirement by waiving one qualifying year of Reserve service was carefully considered.

2.  The applicant's AHRC Form 249-E shows he completed 13 years, 11 months, and 22 days of qualifying service for retirement as of the date of his discharge on 12 January 1991.  (It appears he was erroneously credited with 15 membership points after this period, until 16 May 1996).  He was more than 6 years away from qualifying for a nonregular retirement.

3.  Further, the available evidence shows he requested discharge upon his expiration term of service in 1991.  

4.  There is no evidence to show the applicant requested referral for drug and alcohol rehabilitation.

5.  Thus, there is insufficient evidence to support the applicant's 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)                                         AR20130021092



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ABCMR Record of Proceedings (cont)                                         AR20130021092



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