RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 September 2005
DOCKET NUMBER: AR20050001616
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
Ms. Joyce A. Wright
Analyst
The following members, a quorum, were present:
Mr. Stanley Kelley
Chairperson
Ms. Barbara J. Ellis
Member
Mr. Richard T. Dunbar
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 he be transferred to the Retired Reserve.
2. The applicant states that he was discharged and he had 20 qualifying years for retirement purposes.
3. The applicant provides a copy of his 20 Year Letter (Notification of Eligibility for Retired Pay at Age 60), a copy of his summary of retirement points, and a copy of his discharge orders in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on 11 January 2001, the date of his discharge. The application submitted in this case is dated 24 January 2005.
2. Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicants failure to timely file.
3. The applicant's military records show he enlisted in the U.S. Army Reserve (USAR) on 21 September 1979. He continued to serve through a series of continuous reenlistments. He was promoted to sergeant (SGT/E-5) with a date of rank (DOR) and effective date of 9 March 2000.
4. On 29 December 2000, the Army Reserve Personnel Command (AR-PERSCOM) notified the applicant that he had completed the required years of service to be eligible for retired pay on application at age 60 (20-Year Letter).
5. On 11 January 2001, orders were published discharging the applicant from his troop program unit (TPU) with an effective date of 11 January 2001, in the rank of SGT.
6. There is no evidence to show that the applicant applied for transfer to the Retired Reserve or requested to be discharged.
7. The applicant's Summary of Retirement Points shows he completed 20 years of qualifying service for retirement purposes.
8. Army Regulation 135-178 establishes the policies, standards, and procedures governing the administrative separation of enlisted Soldiers from the Reserve Components. Paragraph 1-3 states, in pertinent part, that orders discharging a Soldier would not be revoked or the effective date changed after the effective date of discharge unless there was evidence of manifest error or fraud. After the effective date of discharge, orders can be amended by the separation authority only to correct manifest errors such as the wrong character of service or to correct administrative errors such as rank, social security number, or misspelled name.
9. Army Regulation 140-10 sets forth the basic authority 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.
DISCUSSION AND CONCLUSIONS:
1. In the absence of evidence to the contrary, it is presumed that the applicants discharge was accomplished in accordance with law and regulation applicable at the time.
2. It is apparent that the applicant was qualified for transfer to the Retired Reserve in view of the service shown on his Summary of Retirement Points and the fact he was issued a 20-Year Letter.
3. There is no evidence in the available records, and the applicant has provided none, to show that he requested transfer to the Retired Reserve; however, had the applicant been given a choice or the opportunity to request transfer to the Retired Reserve it is likely he would have done so in a timely manner.
4. Inasmuch as the applicant meets eligibility requirements for assignment to the Retired Reserve, it would be equitable and just to correct his military records by revoking his discharge of 11 January 2001, and assigning him to the Retired Reserve effective the same date.
BOARD VOTE:
____sk __ ___bje__ ___rtd ___ 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 and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected:
a. by revoking the 11 January 2001 discharge from the USAR; and
b. by showing that he was transferred to the Retired Reserve effective
11 January 2001.
__________Stanley Kelley_________
CHAIRPERSON
INDEX
CASE ID
AR20050001616
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20050901
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
20010111
DISCHARGE AUTHORITY
AR 140-10
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
136
2.
3.
4.
5.
6.
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