IN THE CASE OF:	  

		BOARD DATE:	  30 March 2010

		DOCKET NUMBER:  AR20090015772 


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 records to show he was transferred to the Retired Reserve.

2.  The applicant states he requested to retire and be placed on the Reserve officer retiree rolls.  Instead, he learned he was discharged, not retired.  His Reserve identification card indicates "Former Member" instead of "Retired."  He contends he faxed his retirement and resignation to the 81st Regional Readiness Command in Birmingham, AL, and they did not place him in retirement.

3.  The applicant provides the following documents in support of his application:  discharge orders from the U.S. Army Reserve (USAR), dated 2 February 2006; U.S. Army Human Resources Command Form 249-2-E (Chronological Statement of Retirement Points), dated 9 March 2006; Notification of Eligibility for Retired Pay at Age 60 (20-year letter); and Army National Guard (ARNG) Retirement Points History Statement, dated 14 April 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant was born on 22 December 1965.  He completed prior enlisted active and inactive service and accepted appointment in the ARNG on 13 June 1987.  The applicant entered the Active Guard Reserve Program of the North Carolina ARNG on 2 July 1997.

2.  On 29 February 2004, the applicant was honorably released from active duty under the provisions of National Guard Regulation 600-5, (The Active Guard Reserve Program, Title 32, Full-Time National Guard Duty), chapter 6.

3.  His 20-year letter is dated 14 April 2004.

4.  His ARNG Retirement Points History Statement prepared on 14 April 2004 shows he completed 20 years of creditable service for retired pay.

5.  On 15 January 2005, the applicant was honorably discharged from the North Carolina ARNG due to his resignation and transferred to the USAR Control Group (Reinforcement).

6.  Orders published on 2 February 2006 discharged the applicant from the USAR on 16 February 2006 under the provisions of Army Regulation 135-175 (Army National Guard and Army Reserve Separation of Officers).

7.  The applicant's Chronological Statement of Retirement Points prepared on 9 March 2006 shows he completed 20 years and 1 day of qualifying service for retirement.

8.  Army Regulation 140-10 (Assignments, Attachments, Details, and Transfers) covers policy and procedures for assigning and transferring USAR Soldiers.  In pertinent part, it states that assignment to the Retired Reserve is authorized in a number of circumstances, but an eligible Soldier must request transfer.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he requested to retire and be placed on the Reserve officer retiree rolls.  However, the evidence of record does not support his claim.

2.  The applicant contends he faxed his retirement and resignation to the 81st Regional Readiness Command in Birmingham, AL, and they did not place him in retirement.  The evidence of record also does not support these claims.

3.  The evidence of record shows the applicant was discharged from the USAR on 16 February 2006.

4.  The applicant completed 20 years of qualifying service for retired pay at age 60 at the time of his discharge.

5.  Transfer to the Retired Reserve may be accomplished upon the application of an eligible member.  There is no evidence of record which shows the applicant requested transfer to the Retired Reserve.  Therefore, there is insufficient basis in which to transfer the applicant to the Retired Reserve.

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)                                         AR20090015772



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ABCMR Record of Proceedings (cont)                                         AR20090015772



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