BOARD DATE:	  10 September 2015

		DOCKET NUMBER:  AR20140021243 


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, that he be issued a 15-Year letter and granted a non-regular retirement. 

2.  The applicant states that on 23 May 1991, he was transferred from his U.S. Army Reserve (USAR) unit to the Retired Reserve due to being medically disqualified for retention.  He goes on to state that he was given an identification (ID) card with an expiration date of the day before his 60th birthday.  When he tried to renew his ID card he was told that he would have to have a 15 or 20-year letter in order to do so.  He continues by stating that he contacted officials at the U.S. Army Human Resources Command (HRC) and was told that he was not eligible to a non-regular retirement or further access to government facilities because he had served only 14 years, 6 months and 28 days of service.

3.  The applicant provides copies of his orders transferring him to the Retired Reserve and a copy of his online ID card file.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records, though somewhat incomplete, as they contain no information relating to his medical condition, show that on 23 May 1991, orders were published transferring the applicant from his troop program unit (TPU) at Fort Totten, New York to the USAR Control Group (Retired) due to being medically disqualified for retention. 

2.  The applicant’s chronological statement of retirement points (AHRC Form 249-E) shows that as of 15 May 1990, the applicant had 14 years, 6 months and 28 days of creditable service for retirement.

3.  There is no evidence or indication in the available record that shows he was issued a notification of eligibility for retired pay (15-year letter) upon his transfer to the Retired Reserve nor is there evidence to show that he had 15 years of creditable service.

4.  Army Regulation 135-180, Qualifying Service for Retired Pay - Nonregular Service, provides, in pertinent part, that a USAR soldier who completes 20 qualifying years of service is eligible to apply for Retired Pay at age 60, provided that the last 8 years were served in the Reserve Components.  A qualifying year of service is one in which the soldier earns at least 50 points during the established retirement year.  Any points less than 50 do not qualify as a qualifying year for retirement purposes.  A soldier must have 20 years of service in which he earned 50 or more points each retirement year in order to be issued a 20-year letter.

5.  Army Regulation 140-10 (USAR Assignments, Attachments, Details, and Transfers), chapter 6, provides the eligibility criteria for transfer to the Retired Reserve.  It provides that assignment to the Retired Reserve is authorized provided that eligible Soldiers request transfer and have reached the age of 37 and have completed a minimum of 8 years of qualifying Federal service or have reached the age of 37, completed a minimum of 8 years of qualifying Federal service, and served at least 6 months of active duty in a time of war or national emergency.  Transfer to the retired reserve does not convey entitlement to retired pay or other benefits unless otherwise entitled by law.

6.  Title 10 U.S. Code, section 12731a was a temporary special retirement qualification authority.  A revision, dated 5 October 1994, provided that, during the period 1 October 1991 through 31 December 2001 a member of the Selected Reserve who has completed at least 13, and less than 20, years of qualifying service and no longer meets the qualifications for membership in the Selected Reserve solely because the member is unfit because of physical disability, and upon the request of the member, may be transferred to the Retired Reserve.  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 to Soldiers who attained 15 years of retirement eligibility after 1 October 1991.

7.  Public Law 106-65, enacted 5 October 1999, amended chapter 1223 (Retired Pay for Non-Regular Service) of Title 10, USC by adding section 12371b, (Special rule for members with physical disabilities not incurred in line of duty).  Section 12731b states that a member of the Selected Reserve who no longer meets the qualification for membership in the Selected Reserve solely because the member is unfit because of physical disability pay, for the purpose of section 12371 (Age and Service Requirements) of this title, be treated as having met the service requirements and be provided with the notification required if he has completed at least 15 years and less than 20 years of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be granted a non-regular retirement has been noted and appears to lack merit.

2.  The evidence of record shows that at the time the applicant was transferred to the Retired Reserve due to being medically disqualified, he did not have 15 or more qualifying years of service to qualify for a 15-year letter and non-regular retirement at age 60.  

3.  Accordingly, in the absence of evidence to show otherwise, there appears to be no basis to grant his request for a non-regular retirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X______  __X______  _X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. 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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the 


United States.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _   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)                                         AR20140021243





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ABCMR Record of Proceedings (cont)                                         AR20140021243



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