IN THE CASE OF:	   

		BOARD DATE:	  23 April 2015

		DOCKET NUMBER:  AR20140013557 


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 military records to show he completed 20 qualifying years of service for Reserve (nonregular) retired pay.

2.  The applicant states:

	a.  He was retired from the Louisiana Army National Guard (LAARNG) after he sustained a back injury.  He was given a retired identification card and the LAARNG said they were transferring his retirement paperwork to the U.S. Army Reserve (USAR) Control Group (Retired) for those not yet age 60.

	b.  When he turned age 60 he went to renew his identification card at Fort Polk, LA, for a retired "blue card" and they told him he was no longer in the system.  At that point, he sent his paperwork in.

	c.  He did not ask to be discharged from the LAARNG; he wanted to stay in for more than 20 years because he had a good job working with the LAARNG and he only needed a few months to reach 20 qualifying years.

3.  The applicant provides:

* letter from the Chief, Retired Pay Branch, U.S. Army Human Resources Command, Fort Knox, KY
* U.S. Army Human Resource Command Form 249-E (Chronological Statement of Retirement Points)
* DD Form 2656 (Data for Payment of Retired Personnel)
* Standard Form 1199A (Direct Deposit Sign-Up Form)
* DD Form 108 (Application for Retired Pay Benefits)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* NGB Form 23 (ARNG Current Annual Statement)

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 on 7 January 1954.  Having prior active service in the Regular Army from 23 January 1978 to 26 January 1990, he enlisted in the LAARNG on 23 February 1990.

3.  His records contain a memorandum from the LAARNG, dated 1 August 1997, which states:

	a.  The Medical Duty Review Board (MDRB) met on 11 July 1997 and determined the applicant did not meet retention standards (medical condition description – lumbar strain).

	b.  He had more than 15 years of qualifying service and less than 20 years of qualifying service for retired pay at age 60.

	c.  He was provided an early retirement election packet/election of options.  On 14 October 1997, the applicant concurred with the MDRB findings and accepted issuance of notification of eligibility for retired pay at age 60 with 15 years of service for medical reasons.

4.  He was honorably discharged from the LAARNG on 23 October 1997 and transferred to the USAR Control Group (Retired).

5.  His ARNG Current Annual Statement, dated 26 March 2014, shows he completed 19 years and 11 days of qualifying service for retirement.

6.  He provided a letter from the Chief, Retired Pay Branch, U.S. Army Human Resources Command, dated 11 April 2014, which states:

	a.  The applicant's application for retired pay benefits was denied because he did not complete 20 qualifying years of service.

	b.  He completed 19 years and 11 days of qualifying service for retired pay at age 60.

	c.  He is ineligible to receive retired pay.

7.  Title 10, U.S. Code, section 12731b(a), states a member of the Selected Reserve who no longer meets the qualifications for membership in the Selected Reserve solely because the member is unfit because of physical disability may, for the purposes of section 12731 (Age and Service Requirements) of this title, be treated as having met the service requirements and be provided with the notification required if he/she has completed at least 15 and less than 20 years of qualifying service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was serving in the Selected Reserve when he was discharged for medical reasons.  He completed 19 years and 11 days of qualifying service for nonregular retirement at age 60 and he was eligible for a 15-year letter in accordance with Title 10, U.S. Code, section 12731b.

2.  In view of the foregoing evidence, and as he is now over age 60, it would be equitable to correct his records by showing he is eligible for Reserve (nonregular) retired pay at age 60.

3.  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.



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:

	a.  showing he was eligible to apply for retired pay at age 60, that he so applied prior to reaching age 60, and that his application was approved and processed in a timely manner; and

	b.  paying him all retired pay due retroactive to the date he reached age 60.



      _______ _   _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)                                         AR20140013557



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ABCMR Record of Proceedings (cont)                                         AR20140013557



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