IN THE CASE OF:
BOARD DATE: 15 October 2015
DOCKET NUMBER: AR20150002254
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, correction of his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) to show his narrative reason for separation as medical retirement.
2. The applicant states he was not provided a medical evaluation board, but he was told he was medically retired.
3. The applicant provides no additional evidence.
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 enlisted in the Army National Guard (ARNG) on 16 February 1989.
3. He was ordered to active duty as a member of the ARNG on 15 March 2003 in support of Operation Enduring Freedom. He served as a military policeman in Kuwait and Iraq.
4. On 25 June 2004, he was honorably released from active duty to the control of the ARNG by reason of completion of required active service.
5. On 1 August 2005, he was discharged from the ARNG and transferred to the U.S. Army Reserve Retired Reserve.
a. Item 10 (Record of Service) of his NGB Form 22 shows:
(1) He completed 16 years, 5 months, and 16 days of total service for pay.
(2) He completed 16 years of total service for retired pay.
b. Item 23 (Authority and Reason) of his NGB Form 22 shows:
(1) He was found medically unfit for retention under the provisions of National Guard Regulation 600-200 (Enlisted Personnel Management), paragraph 8-26j(1).
(2) He was discharged from the ARNG and transferred to the Retired Reserve under the provisions of National Guard Regulation 600-200, paragraph 8-27u.
6. His ARNG Retirement Points History Statement prepared on 20 September 2004 shows he completed 15 years of qualifying service for retired pay.
7. Paragraph 8-26j(1) of National Guard Regulation 600-200 provides for discharge from the State ARNG for being medically unfit for retention per Army Regulation 40-501 (Standards of Medical Fitness), chapter 3.
8. Army Regulation 140-10 (Army Reserve Assignments, Attachments, Details, and Transfers), chapter 6 (Transfer to and from the Retired Reserve), states eligible Reserve Soldiers who are medically disqualified, not as a result of own misconduct, for retention in an active status or entry on active duty, regardless of the total years of service completed, may request transfer to the Retired Reserve.
9. Army Regulation 135-180 (Army National Guard and Army Reserve Qualifying Service for Retired Pay Non-Regular Service), paragraph 2-2 (Basic Qualifying Service Requirements), states to be eligible for retired pay at or after the age specified in paragraph 2-1 (Age Requirements), an individual need not have military status at the time of application, but must have completed a minimum of 20 years of qualifying service or 15 years of qualifying service and less than 20 if the individual is to be separated because he or she has been determined unfit for continued Selected Reserve service.
10. 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 or she has completed at least 15 and less than 20 years of qualifying service.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant was found medically unfit for retention in the ARNG. He was discharged from the ARNG on 1 August 2005 and transferred to the Retired Reserve. His narrative reason for separation was administratively correct and in conformance with applicable regulations at the time of his discharge.
2. The applicant was serving in the Selected Reserve when he was discharged for medical reasons. He completed 15 years of qualifying service for non-regular (Reserve) retired pay at age 60 and he is eligible for a 15-year letter in accordance with Title 10, U.S. Code, section 12731b.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ____X___ ____X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 issuing him a 15-year letter notifying him that he is eligible upon application for retired pay at age 60.
2. The Board further determined the evidence presented is 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 amending the narrative reason for his separation shown on his NGB Form 22.
___________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.
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