RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 28 July 2005
DOCKET NUMBER: AR20040009073
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Mr. W. W. Osborn, Jr. | |Analyst |
The following members, a quorum, were present:
| |Mr. James D. Powers | |Chairperson |
| |Mr. Larry C. Bergquist | |Member |
| |Mr. James B. Gunlicks | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his records be corrected to show that he
was transferred to the Retired Reserve rather than discharged.
2. The applicant states, in effect, that at the time of his separation his
points were being corrected and he did not receive his Notification of
Eligibility for Retired Pay at Age 60 (Twenty Year Letter) until after he
was discharged.
3. The applicant provides copies of a conditional release so that he could
affiliate with another unit or service, if necessary; blank request for
assignment or attachment form; his Twenty Year Letter; discharge orders;
Army Reserve Personnel Command Chronological Statement of Retirement Points
(ARPC Form 249-2-E).
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show he enlisted in the Army Reserve
(USAR) Delayed Entry Program on 18 November 1983. He served 3 years on
active duty and had 17 consecutive successful retirement years [earned a
minimum of 50 retirement points] in the USAR.
2. He was discharged on 11 March 2004 and his Twenty Year Letter was
issued on 21 April 2004.
3. There is no available evidence that the applicant was offered an
opportunity to request transfer to the Retired Reserve.
4. Army Regulation 140-10 (Assignments, Attachments, Details, and
Transfers), paragraph 6-1(a) states that assignment to the Retired Reserve
is authorized for Soldiers who request transfer and are entitled to receive
retired pay or have completed a total of 20 years of active or inactive
service in the Armed Forces.
DISCUSSION AND CONCLUSIONS:
1. While there is no evidence that the applicant was offered the option of
transfer to the Retired Reserve, he would have had reasonable grounds for
not doing so. Had he not qualified for his Twenty Year Letter he could have
reenlisted, but he could not have done so from the Retired Reserve.
2. It is unjust that the applicant, who is eligible for retirement at age
60, should be excluded from the Retired Reserve. His discharge should be
voided and he should be transferred to the Retired Reserve.
BOARD VOTE:
__LC ___ __WDP__ _JBG___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief. As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
voiding the 11 March 2004 discharge and by transferring him to the Retired
Reserve.
__ William D. Powers__________
CHAIRPERSON
INDEX
|CASE ID |AR20040009073 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050728 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |110.03 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
-----------------------
[pic]
ARMY | BCMR | CY2006 | 20060002869C070205
Bernard P. Ingold | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). The opinion points out that the applicant did not reenlist after he extended his enlistment on 10 July 2002.
ARMY | BCMR | CY2004 | 2004103550C070208
He should have been offered the option of being retained to complete 20 qualifying years, but he was not because his retirement points were wrong. Effective the date of the implementation of this action the applicant will be authorized 3 years of service or when he completes 20 years of qualifying service whichever happens first. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by voiding his transfer to the Retired Reserve...
ARMY | BCMR | CY2006 | 20060009671C071029
He concludes his request by stating, in effect, that he would appreciate the opportunity to continue to serve his country until he reaches the age of 62 and assist in alleviating the immediate and long term shortages of qualified CA officers in an active duty or reserve component environment. The Human Resources Specialist, Transition and Separation Branch, continued the opinion by stating that the applicant had been granted an extension to his mandatory removal date to 23 February 2008 to...
ARMY | BCMR | CY2002 | 2002069330C070402
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 Reserve. He had thought he was transferred to the Retired Reserve but he was discharged instead. That all of the Department of the Army records related to this case be corrected for the individual concerned by revoking his 7 August 2001 discharge from the USAR and transferring him to the Retired Reserve, effective 7 August 2001.
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 | CY2005 | 20050004062C070206
Army Regulation 135-180 (Army National Guard and Army Reserve- Qualifying Service for Retired Pay - Non Regular Service), indicates, in pertinent part, that to be eligible for retired pay, an individual does not need to have a military status at the time of application for retired pay, but must have (a) attained age 60; (b) completed a minimum of 20 years of qualifying service; and, (c) served the last 8-years of his or her qualifying service as a Reserve Components Soldier. Applicable...
ARMY | BCMR | CY2006 | 20060002412C070205
When his TDRL case was finalized at 10 percent disabled he was discharged by the USAPDA, effective 29 December 2003. The 4 March 2004 memorandum from the USAPDA, which the applicant submitted, notified him that the findings in his Physical Evaluation Board case had been approved and informed him that he had the right to elect transfer to the Retired Reserve or to accept discharge and receive disability severance pay. The deputy commander also recommended that the applicant’s record be...
ARMY | BCMR | CY2002 | 2002082034C070215
The applicant requests, in effect, that his discharge from the United States Army Reserve (USAR) be voided and that he be transferred to the USAR Retired Reserve. The applicant states, in effect, that he believes his discharge from the USAR was unjust for the following reasons: he responded to the option letter provided him prior to the effective date of his discharge; his intent to enter the Retired Reserve was clearly established in his response to this option letter; he was not given...
ARMY | BCMR | CY2004 | 2004104592C070208
LaVerne M. Douglas | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Upon his discharge from the Arkansas National Guard, the FSM had 5 years, 11 months, and 5 days in a Reserve Component.
ARMY | BCMR | CY2008 | 20080017488
The applicant requests, in effect, that his 27 January 1997 discharge from the U.S. Army Reserve (USAR) be voided and that he be transferred to the USAR Control Group (Retired Reserve) effective 27 January 1997. This order discharged the applicant from the USAR. Had the applicant been reassigned to the Retired Reserve on 27 January 1997, his time in the Retired Reserve from then to now would count toward longevity service for retired pay; however, he would have remained subject to possible...