RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 18 December 2007
DOCKET NUMBER: AR20070010976
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. Joseph A. Adriance | |Analyst |
The following members, a quorum, were present:
| |Mr. John N. Slone | |Chairperson |
| |Ms. Marla J. N. Troup | |Member |
| |Mr. Thomas M. Ray | |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 30 December 2003 discharge
from the United States Army Reserve (USAR) be voided and that he be
transferred to the Retired Reserve on that same date in lieu of being
discharged.
2. The applicant states, in effect, that on 7 December 2003, he signed a
document stating his desire to retire; however, on 30 December 2003, he
received orders discharging him from the USAR, which he assumed to be the
correct action. He claims he has now been informed by a representative of
the United States Army Human Resources Command, St, Louis, Missouri
(HRC-St. Louis) that his discharge has resulted in his being dropped from
the database and in changes to his retirement benefits.
3. The applicant provides the following documents in support of his
application: Notification of Eligibility for Retired Pay at Age 60 Letter
(20-Year Letter), dated 13 June 2001; Chronological Statement of Retirement
Points (ARPC Form 249-2-E), dated 12 June 2003; and Unit Administrator
Letter, dated 23 August 2007.
CONSIDERATION OF EVIDENCE:
1. The applicant’s record shows he served in various capacities in the
USAR from 8 May 1980 through 7 May 2003. His ARPC Form 249-2-E shows he
earned 2251 creditable points and a total of 22 qualifying years for
retirement.
2. On 13 June 2001, the United States Army Reserve Personnel Command
(ARPERCOM) published a 20 Year Letter notifying the applicant he had
completed the required years of service necessary to qualify for retired
pay at age 60.
3. On 30 September 2003, Headquarters, 99th Regional Readiness Command,
Coraopolis, Pennsylvania, published Orders Number 03-364-00001 directing
the applicant's discharge from the USAR, effective 30 December 2003.
4. The applicant states that he submitted a Request for Reserve Component
Assignment/Attachment (DA Form 4651-R) requesting retirement on 7 December
2003, and he provides a statement from his unit administrator that confirms
he that the applicant requested to be transferred to the Retired Reserve in
December 2006 (sic), and that this was based on the advise he always gave
his Soldiers.
5. Army Regulation 140-10 (Assignments, Attachments, Details, and
Transfers) prescribes policies, responsibilities, and procedures to assign,
attach, detail, remove, or transfer USAR Soldiers. Chapter 7 contains
guidance on removal from active status and paragraph 7-1a indicates that
soldiers removed from active status will be discharged or transferred to
the Retired Reserve upon their request if they are eligible.
DISCUSSION AND CONCLUSIONS:
The applicant's contention that he was erroneously discharged from the USAR
after he had requested transfer to the Retired Reserve was carefully
considered and found to have merit. His claim that at the time he decided
to depart the active USAR, he elected to be transferred to the Retired
Reserve in lieu of being discharged is corroborated by the statement from
his unit administrator. Thus, absent any evidence showing that he elected
to be discharged after being properly counseled on his options, it would be
appropriate and serve the interest of equity to void the applicant's 30
December 2003 USAR discharge and to correct his record to show that he was
instead transferred to the Retired Reserve on that same date.
BOARD VOTE:
__JNS __ __MJNT _ __TMR__ 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
voiding his 30 December 2003 discharge from the USAR and by showing that he
was instead transferred to the Retired Reserve on that same date.
____John N. Slone______
CHAIRPERSON
INDEX
|CASE ID |AR20070010976 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |2007/12/DD |
|TYPE OF DISCHARGE |HD |
|DATE OF DISCHARGE |2003/12/30 |
|DISCHARGE AUTHORITY |AR 135-178 |
|DISCHARGE REASON |ETS |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |135.0100 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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