| Mr. Carl W. S. Chun | Director | |
| Mr. G. E. Vandenberg | Analyst |
| Mr. Thomas A. Pagan | Chairperson | |
| Mr. Roger W. Able | Member | |
| Mr. John A. Kelly | Member |
2. The applicant requests, in effect, that his discharge be voided and he be transferred to the Retired Reserve.
3. The applicant states that he had originally been placed in the Retired Reserve in 1998, that he had accepted orders in 1999, but due to economic and medical reasons requested that he again be placed in a retired status in January 2000. The applicant submits copies of a Chronological Statement of Retirement Points, dated 30 September 1999; a letter showing Retirement Eligibility for Retired Pay at age 60, dated 12 February 1990; orders transferring him to the Retired Reserve, dated 1 June 1998; orders transferring him from the USAR Control Group (REINF) to the 114th Medical Company, dated 7 December 1999; and orders, dated 1 February 2000, discharging him from the Army Reserve effective 28 January 2000.
4. The applicant’s military records show that he enlisted in the Army Reserve on 4 November 1968. He completed his original 6-year obligation and, after a
9-month break, reenlisted in the Army Reserve where he served until 29 August 1987.
5. Although the applicant’s officer records are not available, the evidence of record shows that he was commissioned in the Army Reserve on 30 August 1987 and served continuously until 1 June 1998.
6. The applicant’s Chronological Statement of Retirement Points shows that he was on the Retired List from 3 June 1998 until 29 August 1998. It shows he was in a drilling status from 30 August 1998 through 29 August 1999, although he did not earn any drill participation credit.
7. The case was forwarded to the U.S. Army Reserve Personnel Center, Transition and Separation Branch for an advisory opinion. That agency reviewed the case and noted that the discharge orders were published because the applicant did not respond to a notification letter electing to transfer to the Retired Reserve in accordance with Army Regulation 140-10. The advisory opinion states that although the discharge orders were valid and in accordance with regulation, it found that the applicant had requested transfer to a troop program unit (TPU) in January 2000. They state that he would have been able to maintain an active status if he had not been discharged. They opined that because of this the applicant’s discharge should be voided and that he be allowed to transfer to the Retired Reserve.
8. A copy of the advisory opinion was forwarded to the applicant and he concurred with the finding.
9. Army Regulation 140-10, paragraph 6-1(a) states that soldiers eligible for transfer to the Retired Reserve must request transfer otherwise they will be discharged.
CONCLUSIONS:
1. The Board concludes that there is sufficient evidence to show that the applicant was attempting to either join a TPU or to be returned to the Retired Reserve at the time he was discharged.
2. Therefore, the Board concludes that in the interest of justice it would be appropriate to void the orders discharging the applicant effective 28 January 2000 and to issue orders transferring him to the Retired Reserve effective the same date.
3. In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will correct an error or injustice.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected by:
a. voiding the orders directing that the applicant be discharged effective 28 January 2000; and
b. by showing that the applicant elected to and was transferred to the Retired Reserve, effective 28 January 2000.
BOARD VOTE:
__TAP __ ___RWA_ ___JAK_ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
__ Thomas A. Pagan__
CHAIRPERSON
| CASE ID | AR2002075408 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030313 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.02 |
| 2. | 136.03 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2001 | 2001058429C070421
Section 14514 of Title 10 governs discharge or retirement for years of service. Subsection 14502e(2) states that an officer who is promoted to the next higher grade as the result of a special selection board convened under this section shall, upon such promotion, have the same date of rank, the same effective date for the pay and allowances of that grade, and the same position on the reserve active-status list as the officer would have had if the officer had been recommended for promotion...
ARMY | BCMR | CY2001 | 2001059195C070421
The applicant requests, in effect, revocation of his orders transferring him from the Individual Ready Reserve (IRR) to the Retired Reserve; as an exception to regulation, granting a second waiver of the requirement to earn 50 retirement points during a retirement year to retain active Reserve status; and assigning him to Headquarters and Headquarters Detachment (Reinforcement Training Unit – RTU), 1405 th Logistics Command, Unit Identification Code (UIC) Y64AAA, (1405 th RTU), in Monclova,...
ARMY | BCMR | CY2002 | 2002073471C070403
The applicant’s military records show that the applicant was commissioned as an officer in the United States Army Reserve (USAR) on 11 June 1972, at the age of 21 years. He should have been considered by the 1998 COL promotion board as well as the 1999 promotion board. Under the Reserve Officer Personnel Management Act (ROPMA), if he is selected for promotion to COL under the 1998 or 1999 criteria, his MRD would be extended to 30 years of commissioned service resulting in an MRD of 10 July 2002.
ARMY | BCMR | CY2001 | 2001056493C070420
The applicant requests, in effect, that he be given a Fitness for Duty Evaluation (FFDE), that his transfer to the Retired Reserve be revoked, that he be returned to the Individual Ready Reserve (IRR), and that he be promoted to colonel in accordance with the 28 January 2000 Standby Advisory Board selection for such. The AR-PERSCOM Command Surgeon provided an advisory opinion which he states, in effect, that: 1) the term he used, “temporary medical disqualification,” was not meant in the...
ARMY | BCMR | CY2002 | 2002069736C070402
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 | CY2004 | 04099903C070208
On 16 February 2000 the Army Reserve Command published orders reassigning the applicant from the 244th to the Army Reserve Control Group (Reinforcement) because she was an unsatisfactory participant [with the 244th]. In the instance of a Soldier who served in the Regular Army for 3 years, the remaining obligation may be satisfied by assignment to the Army Reserve Control Group (Reinforcement). There is no evidence and the applicant has not provided any to show that her involuntary...
ARMY | BCMR | CY2006 | 20060007478
The applicant states, in effect, that following her relocation to Georgia in 2001 she attempted to get a different TPU (Troop Program Unit) assignment but was unable to do so. All of the correspondence and orders issued during this period list her rank as a SGT and was sent to addresses in Mississippi. Army Regulation 140-10 (Assignments, Attachments, Details, and Transfers), paragraph 4-15 (Involuntary reassignment for unsatisfactory participation) states that a TPU Soldier who has...
ARMY | BCMR | CY2001 | 2001060711C070421
PROCEEDINGS BOARD DATE: 18 December 2001 DOCKET NUMBER: AR2001060711 The applicant requests that her honorable discharge from the Reserve be voided and that she be transferred to the Retired Reserve. The applicant was eligible to be transferred to the Retired Reserve.
ARMY | BCMR | CY2001 | 2001062154C070421
The applicant requests that his voluntary resignation from the IRR (Individual Ready Reserve) be revoked and that he be reinstated in order to continue to draw his annual VSI (Voluntary Separation Incentive) payments. The applicant states that he was honorably discharged on 31 July 1993, under VSI and was transferred to the US Army Reserve (USAR). The applicant’s record confirms that he served honorably for 10 years on active duty and was entitled to the VSI upon his separation on 31 July...
ARMY | BCMR | CY2002 | 2002071739C070403
The WOMT denied this request because the RDMS indicated that the applicant was assigned to the Retired Reserve as a LTC. In its earlier consideration of this case, the Board concluded that due to numerous errors in dates in the appointment process and transfers among the RC between June 1996 and February 1999, the applicant was effectively prevented from completing his RC warrant officer training requirements within the prescribed period, which by regulation was three years. The Board in...