| Mr. Carl W. S. Chun | Director | |
| Ms. Antoinette Farley | Analyst |
| Ms. Margaret K. Patterson | Chairperson | |
| Mr. Ronald E. Blakely | Member | |
| Mr. Frank C. Jones, II | Member |
2. The applicant requests in effect, that his discharge from the U.S. Army Reserve (USAR) be voided and that he be transferred to the Retired Reserves.
3. The applicant states that he was never informed as to a choice of retirement options. In support of his case he submits a copy of his 20-year Chronological Statement of Retirement Points form dated 17 August 2001.
4. The applicant’s military records are not complete, however, the available records show that he enlisted in the USAR on 11 August 1970. He continued to serve in the USAR through a series of continuous reenlistments.
5. On 14 December 1995, the applicant was notified by his command Headquarters & Headquarters Company (HHC) 143rd Transportation Command, Orlando, Florida that his military records were scheduled for review by the Qualitative Retention Board (QRB) between 9-20 January 1996. However, his records do not contain the results from the QRB.
6. On 31 May 1996, the command notified the applicant he had incurred eight unexcused absences. In accordance with Army Regulation 135-91, he could not accumulate more than nine unexcused absences within a 1-year period. The notification outlined procedures for possible discharge due to unsatisfactory participation. He was advised that if he was declared an unsatisfactory participant, he would be transferred to the Individual Ready Reserve (IRR) to complete the balance of his enlistment.
7. On 13 August 1996, the command issued the applicant a letter of notification for his ninth unexcused absence.
8. On 26 August 1996, the applicant was issued a letter of instruction which pointed out he had now incurred a total of 12 unexcused absences as of the weekend of 24-25 August 1996.
9. On 13 September 1996, the applicant was notified that he was being separated due to accumulating nine unexcused absences within a one-year period and transferred to the IRR.
10. The applicant’s records contain a copy of Headquarters, 143D Transportation Command Orders 96-270-018, dated 26 September 1996, which shows that the applicant was involuntary transferred to the IRR for unsatisfactory participation
and reassigned to the USAR Control Group (REINF) effective the same day. On 22 July 1997, the applicant was separated from the USAR at the expiration of his term of service (ETS) with an honorable discharge.
11. The applicant was then issued a 20-year letter, from the United States Total Army Personnel Command (PERSCOM) Office of Promotions, Reserve Components, St. Louis, Missouri, informing him of his eligible for retired pay at age 60, Survivor Benefit Plan enrollment, and possible participation in a group life insurance program. As of 7 July 1997, the AR-PERSCOM shows that the applicant under the SBP, elected option C- Immediate Annuity.
12. The applicant provided copy of his Chronological Statement of Retirement Points, dated 17 August 2001, shows that the had completed 20 years of qualifying service for retirement purposes during the period(s) 11 August 1996 to 22 July 1997.
13. Army Regulation 140-10, in effect at the time set forth policy and procedures for the assignment, attachment, detail, and transfer of USAR soldiers. 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. Paragraph 6-2 of Army Regulation 140-10, states, in pertinent part, that orders transferring soldiers to the Retired Reserve will cite this paragraph and state the reason for transfer.
CONCLUSIONS:
1. The applicant was appropriately discharged in accordance with the laws and regulations at the time of separation. There is no evidence in the record or submitted by the applicant of error.
2. The Board finds that the applicant acknowledged receiving a 20-year letter notification of eligibility for retired pay at age 60 and elected to participate in the SBP by electing option C.
3. However, the Board finds that based on the available evidence, the applicant was not notified of his options or that he needed to take positive steps for transfer to the Retired Reserve prior to his ETS. It would therefore be appropriate, as a matter of fairness and equity, to revoke his discharge and allow him to be transferred to the Retired Reserve effective 22 July 1997.
4. In view of the foregoing, findings and conclusions, correcting the applicant’s records as recommended below would correct an error or rectify an injustice.
RECOMMENDATION:
That all of the Department of the Army records related to this case for the individual concerned be corrected:
a. by revoking the order that discharge him effective 22 July 1997; and
b. by issuing orders that transferred the applicant to the Retired Reserve on 22 July 1997.
BOARD VOTE:
_MKP___ __REB__ ___FCJ__ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
Margaret K. Patterson _
CHAIRPERSON
| CASE ID | AR2002076477 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030624 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 1996/09/26 |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | ETS, UNSAT PARTICIPATION |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | DASA |
| ISSUES 1. | A136.0000 |
| 2. | A136.0300 |
| 3. | A136.0400 |
| 4. | A136.0700 |
| 5. | |
| 6. |
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