Search Decisions

Decision Text

ARMY | BCMR | CY1997 | 9711143
Original file (9711143.rtf) Auto-classification: Approved
2. The applicant requests that he be transferred to the retired reserve.

3. He states that he received orders discharging him from the USAR and would like to have those orders amended so that he can be transferred to the retired reserve. He has received notification of eligibility for retired pay at age 60 (twenty year letter).

4. On 13 December 1994 the applicant, a lieutenant colonel, received orders from the US Army Reserve Personnel Center (ARPERCEN) honorably discharging him from the USAR Control Group effective on that date. He was being discharged rather than transferred to the retired reserve because he apparently failed to respond to an earlier request from the ARPERCEN indicating his desire whether he wished to transfer to the retired reserve or be discharged. Since transfer to the retired reserve is a voluntary action absence of a response from the him resulted in his discharge.

5. Army Regulation 140-10, Assignments, Attachments, Details, and Transfers, provides for the transfer of reservist to the retired reserve for the completion of 20 years of service.

CONCLUSIONS :

1. The applicant was eligible for transfer to the retired reserve by virtue of his having received a twenty year letter. Therefore, revoking his discharge now and transferring him to the retired reserve is a pro forma matter that ARPERCEN lacks authority to accomplish.

2. In view of the foregoing, it would be appropriate to correct the applicant’s records as recommended below.

RECOMMENDATION :
That all of the Department of the Army records related to this case be corrected:

         a. by showing that the individual concerned was transferred to the retired reserve effective immediately; and

         b. by providing him with all of the appropriate information necessary to facilitate his placement in the retired reserve.

BOARD VOTE :

GRANT AS STATED IN RECOMMENDATION

GRANT FORMAL HEARING

DENY APPLICATION




                 
                  CHAIRPERSON

Similar Decisions

  • ARMY | BCMR | CY1997 | 9711254

    Original file (9711254.rtf) Auto-classification: Approved

    The applicant requests that she be transferred to the retired reserve. She states that she has received orders discharging her from the USAR and would like to have those orders amended to transfer her to the retired reserve. GRANT AS STATED IN RECOMMENDATION

  • ARMY | BCMR | CY2002 | 2002069736C070402

    Original file (2002069736C070402.rtf) Auto-classification: Approved

    A 1989 USAR Standby Advisory Board reviewed his record and selected him for promotion to MAJ. A 1989 Army Board for Correction of Military Records (ABCMR) Proceedings directed that his discharge be voided, that he be promoted to MAJ, that he be credited with qualifying service for Reserve retirement, and that an explanation be placed in his records to show that the resulting gap in Officer Evaluation Reports (OERs) was due to no fault of the officer. On 18 October 1988, ARPERCEN issued...

  • ARMY | BCMR | CY1996 | 9608861C070209

    Original file (9608861C070209.txt) Auto-classification: Denied

    The applicant requests that his discharge from the USAR be voided and that he instead be transferred to the Retired Reserve. He states, in effect, that he was not given the opportunity to be transferred to the Retired Reserve and that when he requested transfer to the Retired Reserve in October 1994, because of the frustration he was experiencing in not receiving answers to his letters to the Army Reserve Personnel Center (ARPERCEN), he was informed by a letter from the ARPERCEN dated 22...

  • ARMY | BCMR | CY2001 | 2001064616C070421

    Original file (2001064616C070421.rtf) Auto-classification: Denied

    In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The applicant requests...

  • ARMY | BCMR | CY1996 | 9607938C070209

    Original file (9607938C070209.txt) Auto-classification: Approved

    The applicant requests that his discharge from the USAR be voided and that he instead be transferred to the Retired Reserve. However, it is reasonable to presume that had the applicant been given the proper guidance regarding transfer to the Retired Reserve prior to his being discharged from the USAR, he would have elected to be transferred to the Retired Reserve because he had received the notification indicating his eligibility for receipt of Reserve retired pay at age 60. In view of the...

  • ARMY | BCMR | CY2013 | 20130005895

    Original file (20130005895.txt) Auto-classification: Denied

    The applicant requests, in effect, correction of records to show he was placed on the Retired List in the rank of colonel (COL)/pay grade O-6. ARPERCEN Orders P-06-303425, dated 24 June 1997, placed the applicant on the Retired List in the retired grade of LTC effective 12 March 1997. Orders filed in his records show his last promotion was to the rank/pay grade of LTC/O-5.

  • ARMY | BCMR | CY1995 | 9508987C070209

    Original file (9508987C070209.TXT) Auto-classification: Approved

    However, instead of being placed in the Retired Reserve, he was discharged. The applicant's military records show that he was notified at his address in Pennsylvania by the Army Reserve Personnel Center (ARPERCEN) on 22 May 1989 that he had attained eligibility for USAR retired pay, upon application, at age 60 (20 year letter). The applicant's honorable discharge from the USAR was accomplished in accordance with law and regulations applicable at the time, since the applicant did not...

  • ARMY | BCMR | CY1996 | 9610340C070209

    Original file (9610340C070209.txt) Auto-classification: Denied

    The applicant requests that his discharge from the USAR be voided and that he instead be transferred to the Retired Reserve. He states that until he submitted a request to be transferred to the Retired Reserve in 1994 he was under the impression that he was assigned to the USAR Control Group (Individual Ready Reserve) because he continued to receive statements of his retirement points. In view of the foregoing and since the applicant meets the eligibility requirements for assignment to the...

  • ARMY | BCMR | CY1996 | 9609757C070209

    Original file (9609757C070209.txt) Auto-classification: Approved

    He states, in effect, that the Army did not properly account for his qualifying service for retired pay at age 60, and that he is sure he had served 20 qualifying years at the time his civilian job required him to be transferred from Florida to South Carolina. On 22 April 1977 the ARPERCEN sent the applicant a notice of nonparticipation in the USAR, again to his former address, notifying him that he must either request a waiver of a nonqualifying year, request transfer to the Retired...

  • ARMY | BCMR | CY1996 | 9609813C070209

    Original file (9609813C070209.txt) Auto-classification: Approved

    The applicant requests that his discharge from the USAR be voided and that he instead be transferred to the Retired Reserve. However, there is a letter from the ARPERCEN dated 22 July 1993 informing the applicant that he could not be transferred to the USAR because discharge orders had already been published. However, it appears that the applicant was either not informed that he was eligible for transfer to the Retired Reserve or that he had to submit a request to be transferred to the...