RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 November 2007
DOCKET NUMBER: AR20070008732
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:
Ms. Barbara J. Ellis
Chairperson
Mr. Jose A. Martinez
Member
Mr. Chester A. Damian
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 records be corrected to show he was transferred to the Retired Reserve.
2. The applicant states that he served in the Florida Army National Guard (FLARNG) for 22 years and went before a qualitative retention review board. After he was discharged, he thought he was transferred to the Retired Reserve. After some time, he found out he had been transferred to the U. S. Army Reserve (USAR) Control Group. He is now working for the Army as a contractor. He has an Army Knowledge Online email account but he needs a sponsor as his records show he was just discharged.
3. The applicant provides his DD Form 214 (Report of Separation from Active Duty); his DA Form 2-1 (Personnel Qualification Record); his DD Form 1883 (Survivor Benefit Plan Election Certificate); his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service); ARNG discharge orders; USAR discharge orders; his notification of eligibility for retired pay at age 60 (his 20-year letter); an ARNG Current Annual Statement); and a memorandum, dated 26 March 1999, from the Florida National Guard.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was born on 21 May 1958. He enlisted in the Army National Guard on 17 July 1976. He was promoted to Sergeant First Class, E-7 on 14 October 1990. His 20-year letter was prepared on 25 November 1996.
3. By memorandum, dated 26 March 1999, the Florida National Guard informed the applicant that he was considered for qualitative retention but was not selected for continued service. He would be discharged and either transferred to the Control Group (Reinforcement) of the Individual Ready Reserve or to the Retired Reserve according to the option he had previously selected. The applicants option selection is not available. He was also informed that he met the requirements for placement on the Florida National Guard Retired List and would be placed on the Retired List upon receipt of his request.
4. Effective 1 June 1999, the applicant was discharged from the ARNG and transferred to the USAR Control Group (Reinforcement). He was not available to sign his NGB Form 22; however, the NGB Form 22 and his discharge orders were sent to the address currently identified as his address on his Board application.
5. Effective 18 January 2001, the applicant was honorably discharged from the USAR apparently upon his expiration of term of service. These discharge orders were sent to the address currently identified as his address on his Board application.
6. Army Regulation 135-205 prescribes policies and procedures for the Qualitative Retention Program. It states the Qualitative Retention Program procedures provide for a biennial review of the military personnel records of all ARNG Soldiers with 20 or more years of qualifying service for retired pay. Unit commanders ensure all Soldiers in the zone of consideration are notified using a provided sample memorandum as a guide. The Soldier will endorse this memorandum and, in part, request either transfer to the USAR Control Group (Reinforcement) of the Individual Ready Reserve or the Retired Reserve if he is selected for nonretention.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that after he was discharged from the ARNG he thought he was transferred to the Retired Reserve has been considered. However, his option selection letter is not available to confirm he had actually requested transfer to the Retired Reserve and that his transfer to the USAR Control Group (Reinforcement) was an error.
2. It is noted that the applicants NGB Form 22, his ARNG discharge orders, and his USAR discharge orders were all sent to the address he currently identifies as his home address. However, he does not explain why he did not notice the error at the time he received the orders.
3. In the absence of his option selection letter, the fact that the applicant needs a sponsor to access his Army Knowledge Online email account is insufficient to warrant granting the relief requested.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__bje___ __jam___ __cad___ 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.
__Barbara J. Ellis____
CHAIRPERSON
INDEX
CASE ID
AR20070008732
SUFFIX
RECON
DATE BOARDED
20071108
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
Ms. Mitrano
ISSUES 1.
135.03
2.
3.
4.
5.
6.
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