| Mr. Carl W. S. Chun | Director | |
| Mr. Robert J. McGowan | Analyst |
| Mr. Raymond V. O'Connor, Jr. | Chairperson | |
| Mr. John P. Infante | Member | |
| Mr. William D. Powers | Member |
APPLICANT REQUESTS: In effect, that his discharge orders be revoked and he be transferred to the Retired Reserve.
APPLICANT STATES: That he is retirement eligible, but he requested discharge rather than placement on Retired Reserve status. He indicates that he elected discharge because he was in poor physical condition and felt he would be "cheating the system" by going into the Retired Reserve. He adds that he made a mistake and now he finds himself denied the benefits of his service (e.g., military identification card, commissary and exchange privileges).
EVIDENCE OF RECORD: The applicant's military records show:
He was born on 29 September 1947. He was commissioned a second lieutenant in the Army National Guard (ARNG) on 26 August 1972 and, thereafter, rose steadily through the ranks. He was selected for promotion to colonel by a board that adjourned on 16 August 1995.
The applicant resigned from the ARNG on 30 November 1996. At that time, his NGB Form 22 (Report of Separation and Record of Service) indicated that he had a total of 26 years, 10 months, and 6 days of total service for pay purposes. On 4 December 1996, the applicant was promoted to colonel in the US Army Reserve (USAR).
The applicant does not have a notification of eligibility for retired pay at age 60 (20-year letter) in his Official Military Personnel File (OMPF).
On 22 June 2000, the applicant was honorably discharged from the USAR in the rank of colonel. This was accomplished by Orders D-06-034890, U. S. Army Reserve Personnel Command, dated 22 June 2000.
Army Regulation 135-180 implements statutory authorities governing the granting of retired pay to soldiers and former Reserve component soldiers. Each qualified individual is responsible for submitting an application for retired pay (DD Form 108) 6 months prior to age 60 and that those without a current military status may obtain the form from a local Reserve Component unit or by writing AR-PERSCOM.
In October 1999, guidance announced by the Under Secretary of Defense provided that former members of the Reserve Components are entitled to certain benefits.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:
1. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
2. The applicant has stated that he voluntarily elected to be discharged from the USAR. Ostensibly, the applicant, as a colonel, understood the consequences of such a decision. There is no error or injustice in this matter; the applicant has simply "changed his mind" and now prefers Retired Reserve status to discharge.
3. The Under Secretary’s memorandum and attachment are provided to the applicant so that he may utilize those administrative remedies to obtain the documents needed to authorize any benefits to which he is entitled.
4. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__RVO__ __JPI ___ __WDP_ DENY APPLICATION
| CASE ID | AR2001063330 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20011129 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | DIRECTOR |
| ISSUES 1. | 136.0300 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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