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. | |
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