BOARD DATE:	  30 January 2014

		DOCKET NUMBER:  AR20130007785 


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, a transfer to the Retired Reserve.

2.  The applicant states he retired from the U.S. Army Reserve (USAR) on 21 August 2006.  When he applied for a Retired identification card, he was told he had never been placed in the Retired Reserve.

3.  The applicant provides copies of his 12 May 2005 Notification of Eligibility for Retired Pay at Age 60 (20-year letter) and his 21 August 2006 discharge orders.

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 served in the Regular Army from 1983 to 1998.  He was involuntarily released with full separation pay and an honorable characterization of service and transferred to a USAR unit in the rank of sergeant/E-5.

3.  He reenlisted in the USAR on 22 May 2001 and was issued a 20-year letter, dated 12 May 2005.

4.  On 21 August 2006, the applicant was discharged at the completion of his enlistment.

5.  There is no evidence that he ever applied for transfer to the Retired Reserve.

6.  Army Regulation 140-10 (Army Reserve Assignments, Attachments, Details, and Transfers) specifies that qualified individuals will be transferred to the Retired Reserve only upon application.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was not transferred to the Retired Reserve because he did not apply.

2.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20130007785



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ABCMR Record of Proceedings (cont)                                         AR20130007785



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