| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Mr. Raymond V. O’Connor, Jr. | Chairperson | ||
| Mr. Thomas B. Redfern, III | Member | ||
| Mr. Donald P. Hupman, Jr. | Member |
2. The applicant requests, in effect, that he be allowed to transfer to the Retired Reserve or to be reinstated into the Individual Ready Reserve (IRR).
3. The applicant states, in effect, that the Orders Number D-03-13342, dated
1 March 2000, published by the Army Reserve Personnel Command (ARPERSCOM) should be revoked, and that he should be transferred to the Retired Reserve or the IRR. In support of his application, he submits a copy of Orders D-03-13342, and a Chronological Statement of Retirement Points
(ARPC Form 249-E), dated 13 July 2001.
4. The applicant’s military records show that he is was serving in the rank and pay grade of major/04 (MAJ/04) when Orders Number D-03-13342, dated 1 March 2000, was published by the ARPERSCOM, directing that he be honorably discharged him from the USAR on 18 February 2000.
5. During the processing of this case an advisory opinion was obtained from a personnel official of the ARPERSCOM Transition and Separation Branch. It indicated that the applicant was honorably discharged from the USAR for failure to respond to two option notification letters after failing to maintain an active status by earning the required 50 points in the Retirement Year Ending (RYE) on
11 July 1997. As a result of the applicant’s failure to respond, discharge orders were published in accordance with the applicable regulations. However, this ARPERSCOM personnel official also confirms that a subsequent review determined that the applicant had in fact earned the 50 points necessary to maintain his active status in the RYE on 11 July 1997. Therefore, it was recommended that the applicant’s discharge orders be voided and that he be allowed to transfer to the Retired Reserve as requested or to be reinstated into the IRR. On 29 August 2002, a copy of this advisory opinion was forwarded to the applicant in order to provide him an opportunity to respond. To date, he has failed to reply.
6. The ARPC Form 249-E dated 13 July 2001, submitted by the applicant shows he earned 50 retirements in the RYE on 11 July 1997.
7. Department of Defense Instruction (DODI) 1215.00 contains guidance on Removal from USAR Active Status and it mandates that Reservists who have qualified for retirement except for having reach 60 years of age are required to attain 50 points annually during their anniversary year to be retained in the IRR. Waiver of that requirement on a one-time basis may be made under exceptional circumstances by the Secretary of the Military Department concerned.
CONCLUSIONS:
1. The Board notes the applicant’s contention that the Orders D-03-13342, dated 1 March 2000, published by ARPERSCOM, which directed his discharge from the USAR should be voided and it finds this claim has merit.
2. The evidence of record confirms that on 18 February 2000, the applicant was honorably discharged from the USAR for failure to respond to two notification and option letters after failing to maintain active status by earning 50 retirements in the RYE on 11 July 1997, and as a result was discharged from the USAR in accordance with applicable regulations.
3. However, the evidence of records also confirms that ARPERSCOM personnel officials verified that the applicant did earn the necessary 50 points for the RYE on 11 July 1997, as evidenced by the enclosed ARPC Form 249-E, dated 13 July 2001. In view of this fact, the Board concurs with the recommendation contained in the APERSCOM advisory opinion that applicant’s discharge from the USAR be voided, and that he be reinstated in the IRR.
4. In addition, the Board concludes that upon his reinstatement in the IRR the applicant’s participation requirements for the years 2000, 2001, and 2002 should be waived. It finds this waiver is appropriate based on the applicant’s erroneous discharge and in order to allow him the choice to continue his service in the IRR or to transfer to the Retired Reserve.
5. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected by voiding the USAR discharge of the individual concerned directed in Orders Number D-03-13342, dated 1 March 2000, published by ARPERSCOM; showing that he was assigned to the USAR Control Group (Reinforcement), IRR, continuously from 18 February 2000, and that his participation requirements for the RYE in 2000, 2001, and 2002 are waived; and providing him the option to remain in the IRR or transfer to the Retired Reserve subsequent to making the corrections outlined above.
BOARD VOTE:
__RVO__ __TBR _ __DPH __ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
__Raymond V. O’Connor, Jr. _
CHAIRPERSON
| CASE ID | AR2002075415 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/11/07 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 135.0200 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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