| Mr. Carl W. S. Chun | Director | |
| Mr. Paul A. Petty | Analyst |
| Mr. Samuel A. Crumpler | Chairperson | |
| Mr. Melvin H. Meyer | Member | |
| Ms. Regan K. Smith | Member |
2. The applicant requests, in effect, to retain the retirement points that he earned from 30 April 1998 through 12 February 2001, and that he be retained as a first lieutenant (1LT) in a Troop Program Unit (TPU).
3. The applicant states, in effect, that he did not know that he had been discharged from the USAR as an officer, that he was assigned to a TPU and served in good faith. He is dismayed that his retirement points earned by this service are revoked. He states, in effect, that he served over 18 years and should be retained to complete 20 years to qualify for retirement at age 60.
4. The applicant’s military records show that he served as an enlisted member of the Army National Guard in Pennsylvania and then New Jersey, from 24 April 1980 through 26 June 1987. The records available to the Board do not show what retirement points he earned during this 7 year, 2 month, and 3 day period.
5. On 27 June 1987, he was appointed as a second lieutenant of Infantry in the New Jersey Army National Guard (NJARNG) after completing the NJARNG Officer Candidate School. On 31 July 1987, he was granted federal recognition, effective 27 June 1987. He served as an officer in NJARNG units. He satisfactorily completed the resident Infantry Officer Basic Course at Fort Benning on 26 February 1988. He was promoted to 1LT on 26 June 1990. On
1 November 1995, he was honorably separated from the NJARNG as a result of his resignation from his ARNG appointment under the provisions of National Guard Regulation (NGR) 635-100, paragraph 5a(3). Upon separation, he was transferred to the U. S. Army Reserve (USAR) Individual Ready Reserve (IRR) as a 1LT. During this period, 27 June 1987 through 1 November 1995, he earned sufficient retirement points for 7 years, 9 months, and 23 days creditable service for retired pay at age 60.
6. While he was a 1LT in the NJARNG, he was considered for promotion to captain (CPT) by the 1994 Reserve Components Selection Board but was not selected. He was notified of this nonselection by a memorandum, dated 1 March 1994, from the U. S. Total Army Personnel Command (PERSCOM) through The Adjutant General (TAG) of New Jersey. The memorandum informed him that this constituted his first passover for promotion and that he would be considered again by the next year's board. He was again considered for promotion to CPT by the 1995 Reserve Components Selection Board but was not selected. He was notified of this nonselection by a memorandum, dated 27 January 1995, from PERSCOM through the TAG of New Jersey. The memorandum informed him (incorrectly) that this constituted his first passover for promotion and that he would be considered again by the next year's board. On 25 September 1996, the
U. S. Army Reserve Personnel Command (AR-PERSCOM) published orders honorably discharging the applicant from the USAR, effective 26 September
1996, due to two-time nonselection for promotion. The orders were sent on
24 October 1996, to the applicant's last known address in Denver, Colorado. On 24 May 1999, PERSCOM published a corrected memorandum through the TAG of New Jersey correctly stating that the 1995 consideration was the applicant's second nonselection and that he must be discharged according to Army Regulation 140-10. On 29 June 1999, the AR-PERSCOM published an order honorably discharging the applicant from the USAR, effective 28 June 1999, due to two-time nonselection for promotion. On 14 July 1999, this order was voided by AR-PERSCOM when it was discovered that the discharge order had been published in 1996.
7. During this period, while living at a different address in Denver, Colorado, apparently unaware that he had been discharged, the applicant requested transfer from the IRR to a USAR TPU in the 96th Reserve Support Command (RSC). On 30 April 1998, AR-PERSCOM published orders transferring the applicant from the IRR to the 96th RSC, effective 30 April 1998. The retirement point accounting system shows that the applicant earned the retirement points shown in the table below by participation in unit training. He also was paid for this training participation. On 12 February 2001, AR-PERSCOM revoked the applicant's orders assigning him from the IRR to the 96th RSC. On this date, the applicant's participation in the TPU was terminated.
| RYBDT | RYEDT | TRNG PTS | MEMBRSHP PTS | TOTAL PTS | Creditable Svc(yymmdd) |
| 20000424 | 20010212 | 42 | 12 | 54 | 00 09 25 |
| 19990424 | 20000423 | 52 | 15 | 67 | 01 00 00 |
| 19980424 | 19990423 | 56 | 15 | 71 | 01 00 00 |
| CASE ID | AR2002069937 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020801 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 19960926 |
| DISCHARGE AUTHORITY | AR 135-155, para 4-26 |
| DISCHARGE REASON | 2X nonselect for promotion |
| BOARD DECISION | Grant Part |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.03 - Reinstatement |
| 2. | 136 – Retirement/Separation |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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