| Mr. Carl W. S. Chun | Director | |
| Ms. Beverly A. Young | Analyst |
| Mr. Stanley Kelley | Chairperson | |
| Mr. Christopher J. Prosser | Member | |
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: In effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his expiration of term of service (ETS) as 25 September 2001.
APPLICANT STATES: That he was asked and agreed to be assigned into the Inactive Ready Reserve after he was discharged from active duty. He claims that he met all the requirements to maintain that position in the Inactive Ready Reserve. In support of his application, he submitted a copy of his DD Form 214, a DA Form 4651-R (Request for Reserve Component Assignment or Attachment), and orders discharging him from the U.S. Army Reserve (USAR).
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted in the USAR under the Delayed Enlistment Program on 28 January 1993 for a period of 8 years. He enlisted in the Regular Army on 28 March 1993 for a period of 4 years.
The applicant was discharged from active duty on 28 May 1996 and was issued a DD Form 214.
The applicant provided a copy of an undated DA Form 4651-R which shows his ETS date as 27 May 2001.
The applicant also provided a copy of Department of the Army, U.S. Army Reserve Personnel Command Orders D-09-145343, dated 25 September 2001, which shows he was discharged from the USAR Control Group (Reinforcement) on the effective date of the orders.
Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directs that a DD Form 214 will only be issued for active duty service.
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. 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.
2. The evidence of record shows the applicant enlisted in the Regular Army on 28 March 1993.
3. The applicant was discharged from active duty on 28 May 1996 and was properly issued a DD Form 214 for this period of active duty.
4. The Board noted the applicant's contentions; however, in accordance with Army Regulation 635-5, the applicant is not entitled to correction of his DD Form 214 for service in the USAR.
5. Based on the foregoing, the Board has determined that there is no error or injustice that exists in this case. Therefore, 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
SK______ CJP____ JTM_____ DENY APPLICATION
| CASE ID | AR2003087739 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20030911 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | Mr. Chun |
| ISSUES 1. | 100.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2001 | 2001064616C070421
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The applicant requests...
ARMY | BCMR | CY2001 | 2001060869C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his last year in the U. S. Army Reserve (USAR) be corrected to reflect a “good” year. The applicant was informed correctly – he did have a “good” year for retirement as retirement year ending date (RYE) 12 July 1999.
ARMY | BCMR | CY2001 | 2001054765C070420
In support of his application, he submits copies of the following documents: DA Form 4651-R (Request For Reserve Component Assignment or Attachment), dated 5 February 1993; Orders Number 81-8, dated 29 April 1993, issued by Headquarters, US Army Special Operations Command; Orders Number C-05-013494, dated 16 May 2000, issued by US Army Reserve Personnel Command (ARPERSCOM); and DA Form 5248-R (Report of Unfavorable Information for Security Determination). ARPERSCOM officials opined that the...
ARMY | BCMR | CY2001 | 2001061102C070421
In pertinent part, it states that soldiers are authorized assignment to the Retired Reserve under several circumstances, including when the soldier is entitled to receive retired pay. Army Regulation 135-178 establishes policies governing the administrative separation of enlisted soldiers from the Army National Guard of the United States and the USAR. The evidence provided by the applicant shows that he requested transfer to the IRR, not the Retired Reserve.
ARMY | BCMR | CY2001 | 2001056796C070420
She further states that had she known this she would not have reenlisted for another 3 years. On 4 May 2000, the ARPERSCOM published orders discharging her from the USAR effective 10 May 2000. Therefore, the Board finds that her discharged orders should be revoked and that she be reinstated to her previous status in the USAR with credit for all drills (points only) that she earned during the appropriate retirement years.
ARMY | BCMR | CY2006 | 20060007076C070205
The applicant's military records show he enlisted in the US Army, in pay grade E-1, effective 23 May 1978, for 3 years. The applicant's records do not contain his separation document and do not show he requested transfer to the Retired Reserve. It would now be equitable and just to correct his military records by revoking his transfer to the USAR Control Group on 20 May 2002, and assigning him to the Retired Reserve effective the same date, with entitlement to retired pay upon his...
ARMY | BCMR | CY2006 | 20060003436C070205
The applicant requests, in effect, that her discharge be revoked and that she be transferred to the Retired Reserve. At the time of her request for discharge, the applicant was afforded the option to request transfer to the Retired Reserve based on her 20-Years Letter and completion of more than 20 years of service with no derogatory information. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. revoking the...
ARMY | BCMR | CY2005 | 20050004721C070206
The applicant states that he is currently employed as a civilian with the status of military technician (MT) [no longer employed as an MT effective 15 April 2006] for which he needs to maintain a Selective Reserve (SELRES) status or be retired involuntarily or medically. The applicant is requesting correction of an alleged error or injustice which occurred on 27 July 2001, the date of his transfer to the Retired Reserve. Chapter 7 of the regulation applies to the removal of Soldiers from...
ARMY | BCMR | CY2005 | 20050012271C070206
The applicant requests, in effect, that his records be corrected to show that: a. he was transferred to the United States Army Reserve (USAR) Control Group (Reinforcement) Individual Ready Reserve (IRR) not the Retired Reserve on 6 August 2001; b. he met the requirements for continuation of the Voluntary Separation Incentive (VSI) annuity; c. he remained in the IRR until the date of his total disability rating from the Department of Veterans Affairs (VA); d. he was transferred to the Retired...
ARMY | BCMR | CY2007 | 20070010976C080407
The applicant requests, in effect, that his 30 December 2003 discharge from the United States Army Reserve (USAR) be voided and that he be transferred to the Retired Reserve on that same date in lieu of being discharged. Thus, absent any evidence showing that he elected to be discharged after being properly counseled on his options, it would be appropriate and serve the interest of equity to void the applicant's 30 December 2003 USAR discharge and to correct his record to show that he...