| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Ms. Margaret K. Patterson | Chairperson | |
| Mr. Elzey J. Arledge, Jr. | Member | |
| Mr. Richard T. Dunbar | Member |
2. The applicant requests that his discharge be revoked and he be reinstated in the U. S. Army Reserve (USAR).
3. The applicant states that he recently moved back from Brazil. His notification of eligibility for retired pay at age 60 (his 20-year letter) was sent to his address in Brazil. He only received it in October 2001. He was not aware that he had to submit a waiver for nonparticipation due to having a bad year. He received his W-2 form at his parents’ address and assumed his address and telephone number were current. At the same time he was moving and getting settled, he had a hernia operation. He was planning to be active as soon as he was physically fit and had his family settled. The Joint Reserve Affairs, Southern Command is willing to take him back. He provides his 2 June 2000 orders for annual training, a Certificate of Performance, two medical statements of account, and a 6-page Army Correspondence Course Program Enrollment History document as supporting evidence.
4. The applicant’s military records are not available. Information contained herein was obtained from alternate sources.
5. He was born in August 1960. After having had prior enlisted service (his retirement year begins 15 December 1978), he was commissioned around 1981/1982 in the USAR. He had completed 20 years of qualifying service for retirement as of retirement year ending (RYE) date 14 December 1999. RYE 14 December 1999 was his last qualifying year.
6. The applicant’s 20-year letter is not available but it was mailed (mailing address unknown) to him on 2 February 2001.
7. The U. S. Army Reserve Personnel Command (AR-PERSCOM) sent the applicant a memorandum dated 20 March 2001, Subject: Nonparticipation in the U. S. Army Reserve. He was informed that he had not earned 50 retirement points during his latest RYE and he must be removed from an active status. He was requested to complete an attached election of options and was given the options of requesting transfer to the Retired Reserve, requesting a one-time waiver to the requirement to remove him from an active status (with appropriate supporting documentation indicating nonparticipation was due to circumstances beyond his control), or requesting discharge. He failed to respond to the notification by the suspense date of 24 April 2001 and was discharged on 29 June 2001.
8. Army Regulation 140-10 prescribes policies, responsibilities and procedures to assign, attach, remove or transfer USAR soldiers. Paragraph 7.3.1 states that
an officer (other than a commissioned warrant officer) or enlisted soldier who has accrued 20 years of qualifying service for retired pay is required to attain 50 points annually to be retained in an active status in the Selected Reserve, Individual Ready Reserve (IRR) or Standby Reserve (Active List). An officer (other than a commissioned warrant officer) or enlisted soldier who fails to attain 50 points by the anniversary of his or her retirement year ending (RYE) date will be removed from an active status.
9. Army Regulation 135-133 prescribes responsibility and procedures for screening the Ready Reserve during peacetime. In pertinent part, it sets forth procedures for reporting changes of address for USAR soldiers when soldiers are not on active duty. It states each soldier must furnish a permanent home address and a temporary address when away from that permanent address for more than a month. Nonunit soldiers will provide a letter to the Reserve Personnel Center to satisfy this requirement.
CONCLUSIONS:
1. The Board concludes that no Government error or injustice occurred in this case. The applicant was mailed a statement of options election form with a notice of nonparticipation, one option of which was that he requested a one-time waiver for nonparticipation. It appears he never received that notice or options form because he did not keep AR-PERSCOM apprised of his current address. Because he did not respond, he was properly discharged from the USAR.
2. However, the Board notes that the applicant will not be eligible for retired pay for another 18 or 19 years. It would be in the Government’s interest to grant the relief requested so he could be a mobilization asset for a reasonable length of time to come.
3. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:
1. That all of the Department of the Army records related to this case be corrected by:
a. voiding the applicant’s 29 June 2001 discharge from the USAR;
b. showing that on 1 April 2001 the applicant completed the election of options, checked that he requested a waiver, and provided his two medical statements of account and an explanation of his move back to the States as the required documentation;
c. showing that the applicant’s election of options was returned to the appropriate office prior to the suspense date and his request for waiver was approved; and
d. reinstating the applicant in the USAR Control Group (Reinforcement)
2. That the applicant’s program manager assist him in obtaining an assignment with Joint Reserve Affairs, Southern Command or any other suitable assignment.
BOARD VOTE:
__mkp___ __eja___ __rtd___ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
Margaret K. Patterson
______________________
CHAIRPERSON
| CASE ID | AR2001065410 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020411 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (GRANT) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 135.03 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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