RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 17 August 2006
DOCKET NUMBER: AR20050017207
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. Edmund P. Mercanti | |Analyst |
The following members, a quorum, were present:
| |Mr. Richard T. Dunbar | |Chairperson |
| |Mr. Dean A. Camarella | |Member |
| |Ms. Rea M. Nuppenau | |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 discharge be corrected to a transfer to
the Retired Reserve.
2. The applicant states that when he returned home from his deployment to
Iraq, he submitted a request to transfer to the Retired Reserve. However,
his unit repeatedly misplaced his request and his 20-year letter, which
certified his eligibility for retired pay at age 60. Because of these
delays, he was discharged instead of being transferred to the Retired
Reserve.
3. The applicant provides a retirement point summary; a Request for
Reserve Component Assignment or Attachment dated 20 July 2005; a letter
from the applicant’s US Army Reserve (USAR) commander dated 11 October
2005; a Developmental Counseling Form dated 30 November 2004; his
separation document for the period ending 5 June 1997; and his 20-year
letter dated 20 October 2004.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 18 May 1982, was awarded
the military occupational specialty of indirect fire infantryman, and was
promoted to pay grade E-5. He was honorably released from active duty due
to reduction in force on 5 June 1997 and transferred to a USAR unit.
2. The applicant served continuously in his USAR unit and was deployed to
Iraq.
3. The applicant’s retirement point summary shows that he had 22 years of
qualifying service for retired pay as of 6 April 2004.
4. After the completion of the tour in Iraq, the applicant was released
from active duty. Subsequently, the applicant was honorably discharged at
the expiration of his term of service on 28 July 2005.
5. The applicant completed a Request for Reserve Component Assignment or
Attachment on 20 July 2005 in which he requested that his discharge be
corrected to transfer to the Retired Reserve. On 11 October 2005 the
applicant’s USAR commander submitted a letter. In that letter the
commander stated that when the unit came back from Iraq, there were senior
leadership shortfalls that delayed the proper processing of paperwork and
delayed accountability. The applicant’s commander added that the
applicant’s retirement packet should have been submitted in December 2004.
DISCUSSION AND CONCLUSIONS:
1. The applicant’s commander has confirmed that the applicant requested
transfer to the Retired Reserve in a timely manner, but his request wasn’t
processed due to senior leadership shortfalls. This resulted in the
applicant’s discharge.
2. It would be proper and equitable to correct the applicant’s records to
void his discharge and show that he was transferred to the Retired Reserve
the day prior to the effective date of his discharge.
BOARD VOTE:
____rtd__ ___rmn__ ____dac_ 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:
a. voiding orders 05-209-00038 dated 28 July 2005 which discharged
him effective 28 July 2005; and
b. showing he was transferred to the Retired Reserve on 27 July
2005.
______Richard T. Dunbar_______
CHAIRPERSON
INDEX
|CASE ID |AR20050017207 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20060817 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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