RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 2 November 2004
DOCKET NUMBER: AR2004103550
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:
| |Ms. Margaret K. Patterson | |Chairperson |
| |Mr. Joe R. Schroeder | |Member |
| |Mr. Robert L. Duecaster | |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, in effect that his transfer to the Retired
Reserve be revoked and that he be reinstated to the Army Reserve (USAR).
2. The applicant states, in effect that he was not offered the applicable
"18 year lock in." 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. His retirement points were recalculated and
he has 18 years. He would like the opportunity to complete 20 qualifying
years for Retired Pay at age 60.
3. The applicant provides a copy of his retirement orders, and his 1995
and 2004 copies of his ARPC Form 249-2E (Statement of Retirement Points)
CONSIDERATION OF EVIDENCE:
1. The applicant, a USAR major, was twice non-selected for promotion . On
28 August 1995, he was released from the USAR Control Group (Reinforcement)
and transferred to the Retired Reserve.
2. Neither the letter of notification nor the applicant's selection of
options is contained in the available records. However, inaccurate
accounting of his retirement points showed, that at the time, he had only
16 years and 1 day of qualifying service.
3. Subsequently, a 5 January 2004 ARPC Form 249-2E shows his retirement
points were recalculated and he, in fact, had 18 years and 1 day of
qualifying service.
4. Army Regulation 140-10, (Reserve Assignments, Attachments, Details, and
Transfers), paragraph 7-12 (numbered exceptions to removal policy) provides
the guidance for this and similar situations. Subparagraph (2)b states:
b. Exception number 2 (removal rules 1, 3, 4, and 15). Officers having
18 or 19 years of qualifying Federal service for retired pay will not
be removed without their consent. Officers who meet this criteria on
the date removal is required will be retained to complete 20 years.
(1) Retained officers will be informed they must notify the
appropriate authority when the service is completed. Retention is
authorized until the earlier of these dates.
(a) The date on which 20 years of qualifying Federal service for
retired pay is completed, or
b) Three years from required removal date. Applies to
officers having least 18 but less than 19 years of qualifying
service, or
(c) Two years from required removal date. Applies to
officers having at least 19 but less than 20 years of qualifying
service.
4. During the processing of this case an advisory opinion was obtained
from the Transitions and Separations Branch, Human Resources Command, St
Louis. It recommended that the orders transferring the applicant be voided
and that he be restored to the active reserve in order to have a chance to
qualify for Retired Pay at age 60.
5. The advisory opinion was provided to the applicant and he concurred.
He also submitted a letter from a Reserve unit commander who indicates that
he has a hard time finding qualified officers, currently has several
vacancies and would like to have the applicant join his unit.
DISCUSSION AND CONCLUSIONS:
1. An error and an injustice occurred when the applicant was inadvertently
transferred to the Retired Reserve when he should have been offered an
opportunity to qualify for Retired Pay at age 60.
2. His transfer to the Retired Reserve should be voided and he should be
reinstated to the USAR Control Group (Reinforcement. 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.
BOARD VOTE:
_MKP___ __JRS___ __RLD__ 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 his transfer to the Retired Reserve and restoring him to the Active
Reserve for the lesser of a period of 3 years or until he completes 20
years of qualifying service for Retired Pay at age 60. The 3 years starts
with the implementation of this Board actions.
_ Margaret K. Patterson_____
CHAIRPERSON
INDEX
|CASE ID |AR2004103550 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20041102 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |(GRANT) |
|REVIEW AUTHORITY | |
|ISSUES 1. |136.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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