RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 31 October 2006
DOCKET NUMBER: AR20060002869
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. W. W. Osborn, Jr. | |Analyst |
The following members, a quorum, were present:
| |Mr. James E. Anderholm | |Chairperson |
| |Mr. Jose A. Martinez | |Member |
| |Mr. Bernard P. Ingold | |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 voided and
that he be transferred to the Retired Reserve.
2. The applicant states that he was on active duty in the active
Guard/Reserve (AGR) program and had completed 10 years of active duty
service. He had also received a Twenty Year Letter.
3. The applicant provides copies of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) and his Notification of Eligibility
for Retired Pay at age 60 (Twenty Year Letter).
CONSIDERATION OF EVIDENCE:
1. The applicant joined the Regular Army on 10 July 1978 and except for
three brief periods served continuously until 1999. Following a short
break in service he entered the United States Army Reserve on 9 November
1990.
2. He entered active duty in the AGR program on 1 November 1998. He was
issued a Twenty Year Letter on 30 December 1998.
3. The applicant extended his enlistment for 6 months on 2 November 2002.
He was discharged at the completion of his required service on 6 May 2003.
4. Army Regulation 140-10 (Army Reserve Assignments, Attachments, Details,
and Transfers), chapter 6 provides for the transfer of qualified Soldiers
to the Retired Reserve only upon their request.
5. During the processing of this case an advisory opinion was obtained
from the Supervisor, Retirements and Annuities Branch, Human Resources
Command, St. Louis, Missouri. The opinion points out that the applicant
did not reenlist after he extended his enlistment on 10 July 2002. It also
points out that the applicant is still eligible to retire with pay at age
60 and that, because of his status as a retirement eligible discharged
former service member, he is also eligible for a military ID card and other
privileges earned.
6. The advisory opinion was forwarded to the applicant for comment or
rebuttal. No response was received.
DISCUSSION AND CONCLUSIONS:
1. After more that 20 years of military experience, the applicant knew or
should have known that, absent some affirmative action on his part, his
military affiliation would cease upon the end of his enlistment.
Furthermore, he had extended his enlistment only a few months earlier and
should have been planning his next step.
2. It would be unreasonable to presume that the applicant did not know he
had to request transfer to the Retired Reserve.
3. In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust. The applicant has failed to
submit evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__JEA __ __JAM___ __BPI___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable
error or injustice. Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.
_ James E. Anderholm_________
CHAIRPERSON
INDEX
|CASE ID |AR20060002869 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20061101 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |135.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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