Search Decisions

Decision Text

ARMY | BCMR | CY2006 | 20060000286C070205
Original file (20060000286C070205.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            15 August 2006
      DOCKET NUMBER:   AR20060000286


      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. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Shirley Powell                |     |Chairperson          |
|     |Ms. Rose Lys                      |     |Member               |
|     |Mr. John Heck                     |     |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 orders transferring him to the Retired
Reserve be voided and that he be returned to the United States Army Reserve
(USAR) Control Group (Individual Ready Reserve).

2.  The applicant states, in effect, that he never requested to be
transferred to the Retired Reserve and he desires to be transferred back to
the IRR so that he can join a Troop Program Unit (TPU) on Individual
Mobilization Augmentee (IMA) status.  He also states that his last annual
training was in January 2004 and his enlistment contract does not expire
until 28 March 2009.  He continues by stating that he was in Baghdad, Iraq,
working for a contractor from 28 March 2004 through 21 November 2005.  He
further states that the Army Reserve is having a hard time meeting
recruiting mission and he desires to serve again in any of the military
occupational specialties (MOS) he is needed in.

3.  The applicant provides a copy of his orders for annual training in
January 2004 and associated documents showing he performed the training, a
copy of his leave and earnings statement and a copy of an electronic mail
(email) from himself to an official at the Human Resources Command – St.
Louis (HRC-STL) regarding his request to be transferred to the IRR.

CONSIDERATION OF EVIDENCE:

1.  He was born on 29 January 1959 and initially enlisted in the Regular
Army on 13 February 1976.  He continued to serve until he was honorably
released from active duty (REFRAD) on 16 March 1979 and was transferred to
the USAR to complete his statutory service obligation.

2.  He continued to serve in the Reserve Components through a series of
continuous reenlistments and was promoted to the pay grade of E-7 on
14 November 1994.  His Retirement Year Ending (RYE) date was established as
16 March of every year.

3.  On 17 October 2001, a Notification of Eligibility for Retired Pay at
Age 60   (20-Year Letter) was issued to the applicant.

4.   The applicant was granted a one-time waiver for the RYE date of
10 September 2003.

5.  On 6 February 2004, he voluntarily requested transfer to the USAR
Control (Reinforcement).  His request was approved on 3 May 2004.


6.  On 9 September 2005, he was transferred to the Retired Reserve for
failure to maintain an active status after completing 20 years of
qualifying service for Retired Pay purposes.

7.  A review of the available records shows a Chronological Statement of
Retirement Points (ARPC Form 249-2-E) dated 26 July 2006.  That form
indicates that he had qualifying years of service for the RYE 2003 and
2004.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant was granted a one-time waiver for the RYE date
of 2003, the applicant had a qualifying year of service for the RYE date
and thus did not require such a waiver.

2.  Inasmuch as he did not require a waiver, he still had the option to use
the waiver.  However, given the time that has elapsed since his transfer to
the Retired Reserve, his waiver should be applied to the RYE 2005.

3.  Accordingly, it would be in the interest of justice to void his
transfer to the Retired Reserve and to transfer him back to the USAR
Control Group (Reinforcement), using his one-time waiver.

4.  In the event that he desires to be reassigned within the USAR, he can
apply using established procedures.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___SP __  ____RL _  ___JH___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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
by showing that he used his one-time waiver for the RYE 2005.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
transferring him to the Individual Ready Reserve (IRR).




                                  _____Shirley Powell_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000286                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060815                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |20050909                                |
|DISCHARGE AUTHORITY     |AR 135-180                              |
|DISCHARGE REASON        |RETIREMENT                              |
|BOARD DECISION          |(partial GRANT)                         |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |333/trns comp                           |
|1.135.0100              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]


Similar Decisions

  • ARMY | BCMR | CY2007 | 20070009807

    Original file (20070009807.txt) Auto-classification: Denied

    On 18 August 2004, the applicant wrote to HRC-St. Louis and requested a transfer to the IRR from the Retired Reserves so he could return as a drilling/active member of the 35th Signal Battalion (USAR). Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The request for transfer to a TPU from the USAR Control Group (Reinforcement) did not...

  • ARMY | BCMR | CY2002 | 2002075415C070403

    Original file (2002075415C070403.rtf) Auto-classification: Approved

    It indicated that the applicant was honorably discharged from the USAR for failure to respond to two option notification letters after failing to maintain an active status by earning the required 50 points in the Retirement Year Ending (RYE) on 11 July 1997. The evidence of record confirms that on 18 February 2000, the applicant was honorably discharged from the USAR for failure to respond to two notification and option letters after failing to maintain active status by earning 50...

  • ARMY | BCMR | CY2003 | 2003089482C070403

    Original file (2003089482C070403.rtf) Auto-classification: Denied

    The physician nor her command recommended the applicant for a Medical Evaluation Board (MEB) or any form of physical disability processing. A waiver of nonparticipation may be granted only on a one-time basis for failure to earn the required 50 points during a retirement year. There is no evidence in the applicant’s record to show that she requested a one-time waiver of her removal based on her circumstances at the time.

  • ARMY | BCMR | CY2009 | 20090015298

    Original file (20090015298.txt) Auto-classification: Denied

    The applicant requests that his discharge from the U.S. Army Reserve (USAR) be voided and that he be retained in the USAR. The applicant's ARPC Form 249-E shows he did not attain 50 retirement points for 2 years after his transfer to the USAR. There is no evidence the applicant requested transfer to the Retired Reserve.

  • ARMY | BCMR | CY2011 | 20110003972

    Original file (20110003972.txt) Auto-classification: Approved

    The applicant requests promotion to lieutenant colonel (LTC) by the September 2005 Special Selection Board (SSB) with back pay and allowances and placement on the Retired List in the grade of LTC. However, despite being in the Retired Reserve, in 1993 he was considered for promotion to MAJ, but he was not selected. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * Voiding Orders 08-036-00050, issued by Headquarters,...

  • ARMY | BCMR | CY2010 | 20100009640

    Original file (20100009640.txt) Auto-classification: Denied

    The applicant requests, in effect, sufficient retirement points be awarded from 25 January 2007 to present to show qualifying years of service for nonregular service retirement pay. On 16 July 2009, the Army Board for Correction of Military Records (ABCMR) determined the orders revoking his MOS were to be revoked and his records corrected to show he never lost his aviation MOS and that he had continued to serve in that MOS as an aviator in the IRR. On 16 July 2009, the ABCMR determined the...

  • ARMY | BCMR | CY2005 | 20050016026C070206

    Original file (20050016026C070206.doc) Auto-classification: Approved

    The applicant's military service records contain a copy of AHRC Form 249-2 (Chronological Statement of Retirement Points), dated 9 June 2005, which shows, in pertinent part, that the applicant had completed 17 qualifying years, at the time the form was produced. Paragraph 2-8 defines qualifying service and states, in pertinent part, that a Reserve Component Soldier must earn a minimum of 50 retirement points each retirement year to have that year credited as qualifying service. The...

  • ARMY | BCMR | CY2010 | 20100018319

    Original file (20100018319.txt) Auto-classification: Denied

    The applicant provides: * message with endorsements pertaining to his request for unqualified resignation, dated 9-31 March 1992 * DD Form 214 for the period ending 1 June 1992 * letter from the Defense Finance and Accounting Service, dated 28 December 1992 * Notification of Eligibility for Retired Pay at Age 60 memorandum, dated 2 July 2003 * memorandum for record, dated 9 November 2006 * request for Contingency Operations Temporary Tour of Active Duty (COTTAD) memorandum, dated 23 January...

  • ARMY | BCMR | CY2005 | 20050012271C070206

    Original file (20050012271C070206.doc) Auto-classification: Approved

    The applicant requests, in effect, that his records be corrected to show that: a. he was transferred to the United States Army Reserve (USAR) Control Group (Reinforcement) Individual Ready Reserve (IRR) not the Retired Reserve on 6 August 2001; b. he met the requirements for continuation of the Voluntary Separation Incentive (VSI) annuity; c. he remained in the IRR until the date of his total disability rating from the Department of Veterans Affairs (VA); d. he was transferred to the Retired...

  • ARMY | BCMR | CY2001 | 2001065410C070421

    Original file (2001065410C070421.rtf) Auto-classification: Approved

    The applicant requests that his discharge be revoked and he be reinstated in the U. S. Army Reserve (USAR). He was requested to complete an attached election of options and was given the options of requesting transfer to the Retired Reserve, requesting a one-time waiver to the requirement to remove him from an active status (with appropriate supporting documentation indicating nonparticipation was due to circumstances beyond his control), or requesting discharge. an officer (other than a...