RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 30 August 2007
DOCKET NUMBER: AR20070002022
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. Michael J. Fowler
Analyst
The following members, a quorum, were present:
Mr. Bernard P. Ingold
Chairperson
Mr. Thomas H. Ray
Member
Mr. Gerald J. Purcell
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 correction of his records to show he was transferred to the Retired Reserve on 6 July 2005 instead of being discharged.
2. The applicant states, in effect, that he elected to be discharged from the United States Army Reserve (USAR) instead of being transferred to the Retired Reserve. He selected to be discharge not knowing that he would benefit more from Retired Reserve. It was a bad decision and he should have selected transfer to the Retired Reserve.
3. The applicant provides two DD Forms 214 (Certificate of Release or Discharge from Active Duty); a Notification of Eligibility for Retired Pay at Age
60 letter, dated 15 December 2005, and Headquarters, 81st Regional Readiness Command Orders 05-291-00001, dated 18 October 2005.
CONSIDERATION OF EVIDENCE:
1. The applicant served in support of Operation Enduring Freedom and Operation Iraqi Freedom.
2. On 8 January 1963, the applicant was born. He served on active duty from
28 April 1983 through 17 May 1998. After a short break in service he enlisted in the USAR on 7 April 1999, in a Troop Program Unit (TPU), for a 6-year term of service. On 16 November 2001, he was advanced to the rank of Staff Sergeant (SSG)/E-6.
3. The Soldier Management System, Human Resources Command (HRC), St. Louis, Missouri, shows that the applicant inquired about his retirement on
24 June 2005 and it states "SM was inquiring about his eligibility for retirement; went to retirement screen; informed SM that he needed the last 6 years to be Reserve for retirement; suggested he extends until Mar 9, 06 for good eligibility for retirement."
4. The applicant's Summary Statement of Retirement Points shows he completed 21 years of creditable service for a Reserve retirement. His summary further shows that his last 5 years, 9 months, and 22 days of qualified service was in a Reserve Component.
5. The applicant's records do not contain his separation documents that show he requested to be discharged from the USAR.
6. Headquarters, 81st Regional Readiness Command Orders 05-291-00001, dated 18 October 2005, shows that the applicant was honorably discharged from the USAR effective 6 July 2005.
7. On 15 December 2005, the applicant was issued a letter of notification of eligibility for retired pay at age 60. He will reach age 60 on 8 January 2023.
8. Army Regulation 135-178 prescribes the policies and procedures for the separation of USAR enlisted Soldiers. Chapter 11-1 of this regulation specifies that on expiration of term of enlistment, reenlistment, or period of statutorily obligated service, the Solider will be discharged by the separation authority.
9. Army Regulation 135-180 (Army National Guard and Army Reserve-Qualifying Service for Retired Pay Nonregular Service), indicates, in pertinent part, that each Reserve component Soldier who completes the service required to be eligible for retired pay at age 60 will be notified in writing with a 20-year letter within 1 year after he/she completed the service.
10. Army Regulation 140-10 (Assignments, Attachments, Details, and Transfers) covers policy and procedures for assigning and transferring USAR Soldiers. In pertinent part, it states that assignment to the Retired Reserve is authorized in a number of circumstances but an eligible Soldier must request transfer.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he made the wrong election to be discharged from the USAR instead of being transferred to the Retired Reserve. By his own admittance, he elected to be discharged from the USAR. When he submitted his documentation requesting to be discharged he should have been aware of what it entailed. He was in the military for 21 years and should have had enough experience in finding out his options and the difference between being discharged and transferring to the Retired Reserve prior to making his election.
2. There is no evidence and the applicant has provided no evidence that shows he should be transferred to the Retired Reserve. He has not shown error, injustice, or inequity for the relief he now requests.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___BPI _ __THR __ __GJP __ 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.
___Bernard P. Ingold _
CHAIRPERSON
INDEX
CASE ID
AR20070002022
SUFFIX
RECON
DATE BOARDED
30 AUGUST 2007
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
MS. MITRANO
ISSUES 1.
135.0300.0000
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