BOARD DATE:	  9 April 2015

		DOCKET NUMBER:  AR20140013486 


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, the issuance of a Notification of Eligibility for Retired Pay at Age 60.  

2.  The applicant states he was medically discharged in November 1992.  He had reenlisted in 1989 for 6 years and when he was discharged, he was not given a medical reason for his discharge.  He was never issued a 20-year letter.  He contacted the Chief of Reserve Component (RC) Retirements Branch at the U.S. Army Human Resources Command (HRC) but he was told HRC did not start issuing 15-year letters until 1995.  He adds: 

* he previously served in the U.S. Marine Corps (USMC) from 1973 to 1977 and he was transferred to the USMC Reserve; he then served in the U.S. Army Reserve (USAR) from 1978 to 1992
* he applied for retirement but his application was rejected in July 2014; when he called HRC he was informed that he was medically discharged in 1992 
* he is now service-connected for post-traumatic stress disorder and he has been going to the mental health clinic for many years
* he feels he deserves a 20-year letter because he was medically discharged  

3.  The applicant provides:

* Standard Form 88 (Report of Medical Examination) (front page)
* DD Form 2656 (Date for Payment of Retired Personnel)
* Letter from RC Retirements Branch at HRC
* AHRC Form 249-E (Chronological Statement of Retirement Points)
* DD Form 4 (Enlistment/Reenlistment Document)
* Memorandum from his former commanding officer
* USMC DD Form 214 (Report of Separation from Active Duty)
* Orders 037-189, discharge from the USAR
* DA Form 638 (Recommendation for Award) 
* Diploma 

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he was born on XX July 1954.  He turned 60 years of age in July 2014.

2.  He enlisted in the USMC on 6 June 1973 and he served in Okinawa from December 1973 to December 1974.  He was honorably released from active duty on 3 June 1977 and he was transferred to the USMC Reserve to complete his remaining service obligations. 

3.  He enlisted in the USAR on 31 May 1978 and he held military occupational specialty 94B (Cook).  He served through multiple extensions or reenlistments, including a 6-year reenlistment on 14 January 1989, and he attained the rank/grade of staff sergeant (SSG)/E-6. 

4.  On 2 November 1991, he underwent a medical examination that led to a finding of "Not qualified for worldwide deployment" and qualified for "retention with waiver." 

5.  Following this medical examination, and after a review of his medical records, the USAR Command (USARC) determined he was not qualified for retention in the USAR.  In a statement issued by Headquarters, 3rd Battalion, 319th Regiment, Abingdon, VA, on 22 October 1992, the applicant was informed that after a review he was found to have a medical condition which rendered him medically disqualified for further retention.  He was asked to request one of three options: 

* elect discharge from the USAR due to the medical condition
* elect to transfer to the Retired Reserve 
* request consideration of a waiver of the medical disqualification 

6.  He was counseled on his options and he elected to be discharged from the USAR due to a medical condition which rendered him medically disqualified for retention. 
7.  On 4 November 1992, his chain of command initiated a DA Form 4651-R (Request for RC Assignment or Attachment).  His battalion commander (3rd Battalion, 319th Regiment) requested USARC issue separation orders in accordance with paragraph 12-1 (medically unfit for retention) of Army Regulation 135-178 (Enlisted Administrative Separations).

8.  On 20 November 1992, USARC published Orders 037-189 honorably discharging him from the USAR effective 20 November 1992 by reason of Code M6 (presumably medical disqualification).  

9.  His ARPC Form 249 shows he completed 19 years, 7 months, and 1 day of qualifying service toward non-regular retirement.  

10.  In April 2014, he applied for retired pay at age 60.  However, HRC officials notified him that:

	a.  To be eligible for retired pay at age 60 under Title 10, U.S. Code, section 12731-12737, a Reserve Soldier or former Reserve Soldier must have completed 20 qualifying years of service, the last 8 of which must have been in an RC.  Service in an inactive reserve section, such as the Retired Reserve, is not creditable for retirement purposes.  A Reserve Soldier must have received a    15-year or a 20-year letter to be eligible to receive reserve retirement. 

	b.  HRC reviewed his Reserve Retirement Statement, his letter, and his documents, and determined he completed 19 years, 7 months, and 13 days of qualifying service.  In order to be eligible for retirement, he must complete at least 20 qualifying years of service.  Accordingly, he is ineligible to receive retired pay.

11.  Title 10, U.S. Code, section 12731, provides that a non-regular service member is entitled, upon application, to retired pay if the person is at least        60 years of age; has performed at least 20 years of qualifying service; and, having completed the service requirement during the period beginning on            1 October 1994 and ending on 30 September 1999, shall have performed the last 6 years of qualifying service while a member of an RC.

12.  Title 10. U.S. Code, section 12731 (Temporary special retirement qualification authority) (a) (Retirement With At Least 15 Years of Service) states for the purposes of section 12731 of this title, the Secretary concerned may 
(1) during the period described in subsection (b), determine to treat a member of the Selected Reserve of an RC of the armed force under the jurisdiction of that Secretary as having met the service requirements of subsection (a)(2) of that section and provide the member with the notification required by subsection
(d) of that section if the member (A) as of 1 October 1991, has completed at least 15, and less than 20, years of service computed under section 12732 of this title; or (b) after that date and before the end of the period described in subsection
(b), completes 15 years of service computed under that section; and (2) upon the request of the member submitted to the Secretary, transfer the member to the Retired Reserve.  The period referred to in subsection (a)(1) is the period beginning on 23 October 1992 and ending on 31 December 2001.

DISCUSSION AND CONCLUSIONS:

1.  By law and regulation, RC members normally are required to complete 20 years of qualifying service in order to be eligible for non-regular retirement.  A qualifying year of service for nonregular retired pay is a full year during which a Regular or Reserve member is credited with a minimum of 50 retirement points.  Because he did not complete 20 qualifying years of service, he does not qualify for a 20-year letter.

2.  However, at the time the applicant was separated (November 1992) a member of the Selected Reserve who was medically disqualified for continued service in an RC could be considered as having met the service requirement and could be issued a Notification for Eligibility for Non-Regular Retired Pay at Age 60, 15-Year Letter, if the member completed at least 15 years, but less than
20 years of qualifying service for non-regular retirement purposes. 

3.  The evidence of record in this case confirms the applicant completed a total of 19 years, 7 months, and 13 days of qualifying service for non-regular retirement before he was honorably discharged in November 1992 for medical disqualification.  Except for his approximately 4 years of active duty in the USMC, all his remaining qualifying years of service were in a RC.  As such, he met the statutory requirement for receipt of a 15-year letter. 

4.  A Survivor Benefit Plan (SBP) election must be made prior to the effective date of retirement or the SBP will, by law, default to automatic SBP spouse coverage (if married).  This correction of records may have an effect on the applicant’s SBP status/coverage.  The applicant is advised to contact his nearest Retirement Services Officer (RSO) for information and assistance immediately.  A listing of RSOs by country, state, and installation is available on the Internet at website http://www.armyg1.army.mil/RSO/rso.asp.  The RSO can also assist with any TRICARE questions the applicant may have.

5.  In view of the foregoing, the applicant's records should be corrected as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* showing his application for retired pay at age 60 was accepted in a timely manner to be effective retroactive to XX July 2014, the date he turned age 60
* issuing him orders placing him on the Retired List in his retired grade of SSG on his 60th birthday and authorize him retired pay as a result of this correction

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to issuing him a 20-year letter. 



      _______ _  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)                                         AR20140013486



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ABCMR Record of Proceedings (cont)                                         AR20140013486



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