RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 9 August 2007
DOCKET NUMBER: AR20070003449
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 |
| |Mrs. Nancy L. Amos | |Analyst |
The following members, a quorum, were present:
| |Mr. Jeffrey C. Redmann | |Chairperson |
| |Ms. Rea M. Nuppenau | |Member |
| |Mr. Dennis J. Phillips | |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 orders be revoked
and he be assigned to the Retired Reserve.
2. The applicant states he was discharged from his unit before he received
his 20-year letter (notification of eligibility to receive retired pay).
He is trying to get his paperwork straightened out so he and his wife can
get their identification cards and so he can receive his retired pay at age
60.
3. The applicant provides a DD Form 293 (Application for the Review of
Discharge from the Armed Forces of the United States); a DD Form
214 (Certificate of Release or Discharge from Active Duty) for the
period ending 4 June 1998; his 20-year letter; and his discharge orders.
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 15 January 1964. After having had prior
service in the Regular Army, he enlisted in the U. S. Army Reserve (USAR)
on 5 June 1998. He last reenlisted in the USAR on 18 May 2001 for 4 years.
2. Headquarters, Army Reserve Medical Command Orders 05-307-00004, dated 3
November 2005, honorably discharged the applicant from the USAR effective
17 May 2005, in the rank of Sergeant, E-5, upon his expiration of term of
service (ETS). His 20-year letter is dated 13 October 2005.
3. Army Regulation 140-10 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.
4. Sections 12731 through 12740 of Title 10, U.S. Code authorize retired
pay for Reserve component military service. Under this law, a Reserve
Soldier must complete a minimum of 20 qualifying years of service to be
eligible for retired pay at age 60. There are certain restrictions,
depending upon when the 20 qualifying years are attained, as to whether the
last 8, 6, or zero qualifying years must have been served in a Reserve
component.
5. Section 12731(d) of Title 10, U. S. Code, states the Secretary
concerned shall notify each person who has completed the years of service
required for eligibility for retired pay. The notice shall be sent, in
writing, to the person concerned
within one year after the person completes that service. Section 12738(a)
states that after a person is notified that he or she has completed the
years of service required for eligibility for retired pay, the person’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 service unless it resulted directly from the fraud or
misrepresentation of the person.
6. Army Regulation 135-178 establishes policies governing the
administrative separation of enlisted Soldiers from the Army National Guard
of the United States and the USAR. In pertinent part, it states that, upon
ETS, the Soldier will be discharged by the separation authority.
DISCUSSION AND CONCLUSIONS:
1. It appears there is no Government error or injustice in this case. As
there is no evidence to show the applicant requested transfer to the
Retired Reserve or extension until he received his 20 year letter, the
separation authority was required to separate him upon his ETS.
2. However, the applicant will not be eligible for retired pay until 2024.
It would be in the Government’s interest to transfer him to the Retired
Reserve where he could be a mobilization asset for a reasonable length of
time to come.
BOARD VOTE:
__jcr___ __rmn___ __djp___ 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. As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by:
a. revoking Headquarters, Army Reserve Medical Command Orders 05-307-
00004, dated 3 November 2005, discharging the applicant from the USAR; and
b. publishing orders assigning the applicant to the Retired Reserve
effective 17 May 2005.
__Jeffrey C. Redmann__
CHAIRPERSON
INDEX
|CASE ID |AR2000003449 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20070809 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Ms. Mitrano |
|ISSUES 1. |135.03 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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