RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  31 July 2007
	DOCKET NUMBER:  AR20070001140 


	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.


Ms. Catherine C. Mitrano

Director

Mr. John J. Wendland, Jr.

Analyst

The following members, a quorum, were present:


Ms. Jeanette R. McCants

Chairperson

Mr. Thomas M. Ray

Member

Mr. Jeffrey C. Redmann

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, transfer to the U.S. Army Retired Reserve.

2.  The applicant states, in effect, she was not given the option to transfer to the Individual Ready Reserve (IRR) or Retired Reserve when she was reassigned from her U.S. Army Reserve (USAR) unit on 15 February 1996, which resulted in her being discharged from the USAR on 4 June 1997.  She adds, in effect, that her transfer to the Retired Reserve will allow her to obtain a military identification card, along with the corresponding benefits and privileges.  

3.  The applicant provides a “Corrected Copy” of Headquarters, U.S. Army Reserve Personnel Center, St. Louis, Missouri, memorandum, dated 23 August 1995, subject:  Notification of Eligibility for Retired Pay at Age 60 (Twenty Year Letter); DA Form 4651-R (Request for Reserve Component Assignment or Attachment) and Election of Options, both undated; and Headquarters, U.S. Army Reserve Personnel Center, St. Louis, Missouri, ARPC-SFS-R-09, Orders D-06-743598, dated 4 June 1997.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on
4 June 1997, the date she was honorably discharged.  The application submitted in this case is dated 19 January 2007.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's military service records show that she enlisted in the Regular Army (RA) for a period of 3 years on 19 July 1968.  Upon completion of basic combat training and advanced individual training, she was awarded military occupational specialty (MOS) 72C (Central Office Telephone Switchboard Operator).  


4.  The applicant’s military service records contain a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 12 February 1970.  Item 9 (Date of Birth) shows that the applicant was born on 3 November 1948.  This document also shows that she was honorably discharged from the RA on 12 February 1970, in the rank of private first class (PFC)/pay grade E-3, after completing 1 year, 7 months, and 24 days net active service.

5.  On 6 January 1974, the applicant enlisted in the USAR Ready Reserve.  She reclassified into MOS 75B (Personnel Administrative Specialist) on 9 December 1978, continued to serve in the USAR, and attained the rank of staff sergeant (SSG)/pay grade E-6 with a date of rank of 30 June 1981.

6.  The applicant's military service records contain a “Corrected Copy” of Headquarters, USAR Personnel Center, St. Louis, Missouri, memorandum, dated 23 August 1995, subject: Notification of Eligibility for Retired Pay at Age 60 (Twenty Year Letter).  This document shows, in pertinent part, that the applicant was notified that she had completed the required years of service and would be eligible for retired pay on application at age 60 in accordance with the provisions of Title 10, United States Code, Chapter 67.  This document states, in pertinent part, that the applicant’s eligibility for retired pay may not be denied or revoked on the basis of any error, miscalculation, misinformation, or administrative determination of years of creditable service performed unless it resulted directly from fraud or misrepresentation on her part.

7.  The applicant's military service records contain a copy of Headquarters,
USAR Personnel Center, St. Louis, Missouri, memorandum, dated 23 April 1996, subject: Notification of Eligibility for Retired Pay at Age 60 (Twenty Year Letter).  This document shows, in pertinent part, that the applicant was notified that she had completed the required years of service and would be eligible for retired pay on application at age 60 in accordance with the provisions of Title 10, United States Code, Chapter 67.  This document also states, in pertinent part, that the applicant’s eligibility for retired pay may not be denied or revoked on the basis of any error, miscalculation, misinformation, or administrative determination of years of creditable service performed unless it resulted directly from fraud or misrepresentation on her part.

8.  The applicant's military service records contain a copy of Headquarters,
104th Division (IT), Vancouver, Washington, Orders 96-044-017, dated
13 February 1996, which show she was voluntarily reassigned from her USAR unit and reassigned to the USAR Control Group (Reinforcement), USAR Personnel Center, St. Louis, Missouri, effective 15 February 1996.
9.  The applicant's military service records contain an ARPC Form 249-2-E (Chronological Statement of Retirement Points), dated 6 June 2007.  This document shows that the applicant served in the USAR from 6 January 1974 through 4 June 1997 and was credited with a total of 22 qualifying years for retirement.  This document also shows that the applicant’s retirement year ending 5 January 1996 was her last good qualifying year for retirement.

10.  The applicant's military service records are absent any adverse action being taken against the applicant during the period of service under review.

11.  In support of her application, the applicant provides the “Corrected Copy” of Headquarters, USAR Personnel Center, St. Louis, Missouri, memorandum, dated 23 August 1995, that notified her that she had completed the required years of service and would be eligible for retired pay on application at age 60.  She also provides a copy of her Request for Reserve Component Assignment or Attachment, along with her Election of Options, both undated.  These two documents show, in pertinent part, that the applicant requested voluntary reassignment and transfer from the 6224th USAR Forces School, Phoenix, Arizona to the USAR Control Group (Reinforcement).  The Election of Options statement also shows that it contains a handwritten entry following the applicant’s election that reads, “IMA [_illegible_] Assigned.”  The applicant also provides a copy of Headquarters, USAR Personnel Center, St. Louis, Missouri, Orders
D-06-743598, dated 4 June 1997, which show, in pertinent part, at that time the applicant was assigned to the USAR Control Group (Reinforcement) and was honorably discharged from the USAR, effective 4 June 1997.  The authority for the applicant’s discharge was Army Regulation 135-178.

12.  Army Regulation 135-178 (Enlisted Administrative Separations) sets policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of Army National Guard of the United States (ARNGUS) and USAR enlisted Soldiers for a variety of reasons.  The separation policies in this regulation promote the readiness of the Army.  Paragraph 1-11 (Authority to order separation of Soldiers having more than 18 but fewer than 20 years of qualifying service for retired pay) provides that a Solder having completed 18 but fewer than 20 years of qualifying service for retired pay (Title 10, Section 12732, United States Code), will not be involuntarily separated without the approval of the Secretary of the Army or his designated representative.  All recommendations for involuntary separation of Soldiers in this category will be sent to Headquarters, Department of the Army (HQDA), for consideration.  Cases involving voluntary separation at the request of the Soldier need not be referred to HQDA for approval. 

13.  Army Regulation 135-180 (Qualifying Service for Retired Pay Non-Regular Service) implements statutory authorities governing the granting of "retired pay" to Soldiers and former Reserve Component Soldiers.  Chapter 2 provides eligibility criteria and, in pertinent part, states that in order to qualify for non-regular retirement, a member must have attained age 60, completed a minimum of 20 years of qualifying service, and served the last 6 years of his or her qualifying service as a Reserve Component Soldier.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that her records should be corrected to show that she was transferred to the USAR Retired Reserve because she was not given the option to transfer to the USAR IRR or Retired Reserve and was subsequently discharged from the USAR on 4 June 1997, although she was eligible to be transferred to the USAR Retired Reserve.

2.  The evidence of record shows that the applicant was notified by the Chief, Retired Activities Division, USAR Personnel Center, St. Louis, Missouri, on
23 August 1995 and again on 23 April 1996, that she had completed the required years of service and would be eligible for retired pay on application at age 60.  The evidence of record also shows that the applicant requested voluntary reassignment from the 6224th USAR Forces School, Phoenix, Arizona and was assigned to the USAR Control Group (Reinforcement), USAR Personnel Center, St. Louis, Missouri, effective 15 February 1996.  The evidence of record further shows that the applicant was discharged from the USAR, effective 4 June 1997.

3.  It is not clear from the evidence of record why the applicant requested a voluntary reassignment to the USAR Control Group (Reinforcement) rather than a transfer to the USAR Retired Reserve in February 1996 or why she was later discharged from the USAR on 4 June 1997.  However, the evidence of record confirms the applicant was eligible for transfer to the USAR Retired Reserve and also eligible for retired pay on application at age 60.  In addition, there is no evidence of fraud or misrepresentation on the part of the applicant concerning her creditable qualifying years of service.  Therefore, in view of the foregoing, and as a matter of justice with respect to the applicant receiving credit for pay purposes for her service, the applicant is entitled to correction of her records to show that she transferred to the USAR Retired Reserve, effective 4 June 1997.


4.  As a matter of information, a Survivor Benefit Plan (SBP) election must be made prior to the effective date of retirement or the SBP will, by law, default to automatic SBP spouse coverage (if married).  This correction of records may have an effect on the applicant's SBP status/coverage.  The applicant is advised to contact her nearest Retirement Services Officer (RSO) for information and assistance immediately.  A listing of RSOs by country, state, and installation is available on the Internet at: http://www.armyg1.army.mil/RSO/rso.asp.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 4 June 1997; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 3 June 2000.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

___JRM _  ___TMR_  ___JCR _  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 revoking Headquarters, USAR Personnel Center,
St. Louis, Missouri, Orders D-06-743598, dated 4 June 1997, and issuing orders showing she transferred to the USAR Retired Reserve, effective 4 June 1997.




___Jeanette R. McCants_____
          CHAIRPERSON




INDEX

CASE ID
AR20070001140
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/07/31
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19970604
DISCHARGE AUTHORITY
AR 135-178
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
136.0300.0000
2.

3.

4.

5.

6.