| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. Melvin H. Meyer | Member | |
| Mr. Donald P. Hupman | Member |
APPLICANT REQUESTS: That his discharge from the United States Army Reserve (USAR) be voided and that he instead be transferred to the inactive Reserve.
APPLICANT STATES: That he should not have been discharged from the USAR; but instead, should have been transferred to the inactive Reserve. He goes on to state that he does not know why he was discharged but that he should not be penalized for mistakes made by the military.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Colorado Army National Guard (COARNG) on 25 January 1960 and continued to serve through a series of continuous extensions of service.
On 7 January 1981, the National Guard Bureau (NGB) in Washington, D.C. issued the applicant a Notification of Eligibility for Retired Pay (20-year letter) at Age 60 (30 April 2002). He completed his Survivor Benefit Election Option Statement on 6 April 1981 and on 1 July 1981, he was transferred to the inactive National Guard.
On 24 January 1984, he was honorably discharged from the COARNG at his expiration of term of service (ETS) under the provisions of National Guard Regulation 600-200, paragraph 7-11a(2)(d) and his personal request. He was transferred to the USAR Control Group (Reinforcement), where he remained until he was honorably discharged on 7 February 1989, under the provisions of Army Regulation 135-178.
Army Regulation 140-10, in effect at the time, set forth the basic authority for the assignment, attachment, detail, and transfer of USAR soldiers. Chapter 7 of that regulation relates to the removal of soldiers from active status and states, in pertinent part, that soldiers removed from an active status will be discharged or, if qualified and if they so request, will be transferred to the Retired Reserve.
Army Regulation 135-178, in effect at the time, established the policies, standards, and procedures governing the administrative procedures governing the administrative separation of enlisted soldiers from the Reserve Components. Paragraph 1-3 states, in pertinent part, that orders discharging a soldier would not be revoked or the effective date changed after the effective date of discharge unless there was a manifest error or fraud. After the effective date of discharge, orders could not be amended by the separation authority only to correct manifest errors such as the wrong character of service or correct administrative errors such as errors concerning rank, social security number, or misspelled name.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The applicant’s honorable discharge from the USAR was accomplished in accordance with law and regulations applicable at the time.
2. The applicant’s contentions have been noted by the Board; however, they are not supported by the evidence submitted with his application or the evidence of record. There is no indication in the available records to show that the applicant took steps to either extend his enlistment or to reenlist prior to his ETS. Accordingly, since he no longer had a valid contract, unless he submitted a request for transfer to the Retired Reserve, discharge was the proper course of action to be taken by the Army.
3. Although his discharge will have no effect on his right to apply for Retired Pay at age 60 or his entitlement to benefits, his failure to elect transfer to the Retired Reserve vice discharge has allowed him to not be subject to recall for the past 14 years.
4. While the Board has the authority to transfer him to the Retired Reserve at this time, to do so would serve no purpose. The applicant has already reached his eligibility point to apply for Retired Pay and in doing so, he will automatically be placed in the Retired Reserve.
5. 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.
6. 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
___dh___ ___fe ___ __mm___ DENY APPLICATION
| CASE ID | AR2002072514 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/07/16 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 333 | 135.0100/TRANS COMP |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2006 | 20060016857
The applicant requests, in effect, correction of item 2 (Department, Component, and Branch), of her DD Form 214 (Certificate of Release or Discharge from Active Duty), and that she be transferred to the Retired Reserve. The applicant's military records show she enlisted in the USAR on 17 October 1980, in pay grade E-3, for 6 years, with an established expiration term of service (ETS) of 16 October 1986. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2005 | 20050010366C070206
Randolph Fleming | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Inasmuch as the applicant meets eligibility requirements for assignment to the Retired Reserve, it would be equitable and just to correct his military records by voiding his discharge of 14 November 2003 and assigning him to the Retired Reserve effective the same date. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2002 | 2002072547C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his discharge from the United States Army Reserve (USAR) be voided and that he instead be transferred to the Retired Reserve. Army Regulation 135-180 implements statutory authorities governing the granting of retired pay to soldiers and former Reserve component soldiers.
ARMY | BCMR | CY2003 | 2003091135C070212
IN THE CASE OF: BOARD DATE: 16 March 2004 DOCKET NUMBER: AR2003091135 THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE : Chapter 7 of the regulation relates to the removal of soldiers from an active status and states, in pertinent part, that soldiers removed from an active status will be discharged or, if qualified and if they so request, will be transferred to the Retired Reserve.
ARMY | BCMR | CY2002 | 2002072783C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: In effect, that he be granted Reserve Retired Pay at age 60 or provided an official reason why he is not eligible to receive it. On 11 June 1999, in response to the applicant’s application for Retired Pay at age 60, the ARPERSCOM informed the applicant that in order to be eligible for USAR Retired Pay, he must have completed a minimum of 20 qualifying...
ARMY | BCMR | CY2009 | 20090008730
IN THE CASE OF: BOARD DATE: 18 February 2010 DOCKET NUMBER: AR20090008730 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant provides a copy of Headquarters, 88th Regional Readiness Command, Fort Snelling, MN, Orders 06-338-00105, dated 4 December 2006 that discharged him from the U.S. Army Reserve (USAR), effective 3 January 2007; and a copy of USAR Personnel Command, St. Louis, MO letter, subject: Notification of Eligibility for Retired Pay at Age 60 (Twenty Year Letter),...
ARMY | BCMR | CY2002 | 2002082406C070215
Paragraph 1-3 states, in pertinent part, that orders discharging a soldier would not be revoked or the effective date changed after the effective date of discharge unless there was evidence of manifest error or fraud. Inasmuch as the applicant meets eligibility requirements for assignment to the Retired Reserve, it would be equitable and just to correct his military records by revoking his discharge of 27 September 1991 from the Reserve of the Army and assigning him to the USAR Control...
ARMY | BCMR | CY2002 | 2002075029C070403
APPLICANT STATES : That he was not properly informed of the benefits of transferring to the Retired Reserve after serving in the LAARNG for 20 years. Although the record is silent as to what occurred in regards to the applicant’s initial request for discharge after it was returned without action, his records do show that on 30 September 1986, he was honorably discharged from the IANG due to his ETS. The available evidence shows that the applicant submitted a request for discharge because...
ARMY | BCMR | CY2002 | 2002079279C070215
If a VSI recipient becomes ineligible to continue to serve in the Ready Reserve, through no fault of his or her own, the soldier will be transferred to the Retired Reserve and continue to receive annual VSI payments for the remaining period authorized for VSI. The Army Regulation 135-180 (Army National Guard and Army Reserve-Qualifying Service for Retired Pay Nonregular Service), indicates, in pertinent part, that to be eligible for retired pay, an individual does not need to have a...
ARMY | BCMR | CY2006 | 20060004931C070205
Army Regulation 135-178, paragraph 12-1, Medically unfit for retention, states that Reserve enlisted Soldiers who are no longer qualified for retention by reason of medical unfitness under the standards of AR 40-501, chapter 3 (Medical Fitness Standards for Retention and Separation Including Retirement) will be discharged unless they are granted a waiver of the medical disqualification or are eligible and request transfer to the Retired Reserve under Army Regulation 140-10, paragraph 6- 1. ...