RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 20 July 2006
DOCKET NUMBER: AR20050015982
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. William D. Powers | |Chairperson |
| |Ms. Marla Troup | |Member |
| |Mr. William F. Crain | |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 discharge be revoked and
that he be transferred to the Retired Reserve.
2. The applicant states, in effect, that he was placed in the wrong
category when he retired and that his current status of discharged should
be changed to Retired Reserve.
3. The applicant provides a copy of his separation orders in support of
his request.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show he reenlisted in the U. S. Army
Reserve (USAR) on 26 March 1984. He continued to serve through a series of
continuous reenlistments. He was promoted to staff sergeant (SSG/E-6)
effective 15 May 1991.
2. On 22 May 2003, the Army Human Resources Command (AHRC)-St. Louis
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).
3. On 30 August 2004, orders were published releasing the applicant from
his troop program unit (TPU) and discharging him from the USAR Control
Group (Reinforcement), with an effective date of 30 August 2004, in the
rank of SSG.
4. There is no evidence to show that the applicant applied for transfer to
the Retired Reserve or requested to be discharged.
5. The applicant's Summary of Retirement Points, printed from the Human
Resources Command Integrated WEB Service, Retirement Information Section,
shows he completed 21 years of qualifying service for retirement
purposes.
6. 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.
7. 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. The evidence shows that the applicant was issued a 20 Year Letter and
completed 21 years of service for retirement.
2. The applicant contends that he was placed in the wrong category when he
retired and that his current status of discharged should be changed to
Retired Reserve.
3. The applicant was provided orders on 30 August 2004 discharging him
from his TPU in accordance with Army Regulation 135-178.
4. There is no evidence in the available records to show that the
applicant 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.
5. The applicant is entitled to have his discharge order revoked to, in
effect, fully qualify him for transfer to the Retired Reserve and to
qualify him to receive retired pay on application, at age 60.
BOARD VOTE:
___T____ ___WDP __WFC__ 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 by:
a. revoking the applicant's 30 August 2004 discharge from the USAR;
and
b. showing that he was transferred to the Retired Reserve effective
30 August 2004.
_____William D. Powers______
CHAIRPERSON
INDEX
|CASE ID |AR20050015982 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20060720 |
|TYPE OF DISCHARGE |HD |
|DATE OF DISCHARGE |20040830 |
|DISCHARGE AUTHORITY |AR 140-10 |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |136 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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