IN THE CASE OF:	 

		BOARD DATE:	 11 May 2010 

		DOCKET NUMBER:  AR20090018667 


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 that his U.S. Army Reserve (USAR) discharge orders, dated 14 November 2008, be amended to show transfer to the Retired Reserve.

2.  The applicant states:

* he was not properly counseled
* when his retirement packet was submitted it had numerous errors
* he was not made fully aware of the benefit of being placed in the Retired Reserve opposed to being honorably discharged from the USAR
* he submitted a corrected retirement packet in a timely manner
* he cannot enjoy his retirement after serving 20 years without the proper military status and privileges

3.  The applicant provides:

* USAR discharge orders
* corrected retirement packet

CONSIDERATION OF EVIDENCE:

1.  The applicant was born on 4 September 1960.  The applicant enlisted in the USAR on 24 February 1987.  He was promoted to staff sergeant on 1 June 2003.

2.  The applicant's Notification of Eligibility for Retired Pay at Age 60 (20-year letter) is dated 29 March 2007.

3.  On 30 October 2008, the applicant elected to be discharged from the USAR.

4.  The applicant provided a corrected retirement packet, dated 30 October   2008, indicating he requested transfer to the Retired Reserve to be effective       1 November 2008.  This packet apparently was prepared at a later date.

5.  Orders 08-319-00004, dated 14 November 2008, show the applicant was honorably discharged in the rank of staff sergeant from the USAR effective 1 November 2008.

6.  On 19 September 2009, the applicant submitted his application to the Board to change his election from discharge to transfer to the Retired Reserve.

7.  Army Regulation 140-10 (Army Reserve Assignments, Attachments, Details, and Transfers) states, in pertinent part, that eligible Soldiers must request transfer/assignment to the Retired Reserve.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was not properly counseled.

2.  The evidence of record shows the applicant elected to be discharged from the USAR on 30 October 2008 and orders show he was properly discharged from the USAR on 1 November 2008 based on his election.

3.  However, it is also noted that shortly after he made his election, he indicates he submitted a corrected retirement packet to have his election changed to transfer to the Retired Reserve.

4.  Therefore, it is reasonable to presume at the time the applicant made his election he was not properly briefed on the benefits associated with being in the Retired Reserve (i.e., cost of living raises) vice being discharged.

5.  Accordingly, under these circumstances, it appears that if a person was properly briefed on the advantages and disadvantages of transferring to the Retired Reserve vice being discharged, that a reasonable person would elect discharge.

6.  Therefore, it would be in the interest of justice in this case to grant the applicant's request by voiding his discharge of 1 November 2008 and by transferring him to the Retired Reserve on the same date.


BOARD VOTE:

__X_____  ___X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 voiding his discharge of 1 November 2008 and by transferring him to the Retired Reserve on the same date.



      _____________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)                                         AR20090018667



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ABCMR Record of Proceedings (cont)                                         AR20090018667



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