RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 May 2008
	DOCKET NUMBER:  AR20080002047 


	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.




Director



Analyst

      The following members, a quorum, were present:


M

Chairperson

M

Member

M

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 US Army Reserve (USAR) discharge orders be revoked and that he be transferred to the Retired Reserve.

2.  The applicant states, in effect, that he completed 24 years of service in the U.S. Army Reserve (USAR) and that he did not know he had to request retirement and assumed it was automatic.  

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  Discharge Orders Number 07-236-0002, dated 24 August 2007.

	b.  Promotion Orders Number 04-232-00033, dated 19 August 2004.

	c.  Personal resume.

	d.  DD Form 2656-5 (Reserve Component Survivor Benefit Plan (RCSBP) Election Certificate), dated 19 March 2006.

	e.  DD Forms 214 (Certificate of Release or Discharge from Active Duty), dated 2 March 1987 and 25 January 2005.

	f.  Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter), dated 5 January 2006.

	g.  AHRC Form 249-2-E (Chronological Statement of Retired Points), dated 3 April 2008.

	h.  Leave and Earning Statement (LES), dated 15 May 2007.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he was born on 15 January 1960 and enlisted in the Regular Army on 13 March 1984.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman).  He was honorably separated and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 2 March 1987.

2.  The applicant's records further show that he enlisted in the USAR for a period of 3 years on 8 August 1992 and subsequently executed a series of reenlistments and/or extensions in the USAR.

3.  As a result of the applicant's last reenlistment on 3 June 2001 for a period of 6 years, his expiration of term of service (ETS) date was 2 June 2007.  He was retained beyond his ETS and was discharged on 24 August 2007.

4.  On 27 January 2003, the applicant was ordered to active duty in support of Operation Enduring Freedom.  However, there is no indication on his DD Form 214 that he served in a Hostile Fire/Imminent Danger Pay (HFP/IDP) area.  He was honorably released from active duty and reverted back to his USAR status on 25 January 2005. 

5.  On 5 January 2006, the U.S. Army Reserve Personnel Command, St. Louis, Missouri, issued the applicant his Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter).

6.  The applicant's Chronological Statement of Retirement Points, dated 3 April 2008, shows that he completed 21 years of qualifying service for retired pay as of his retirement year ending 1 November 2006 and 21 years, 9 months, and 21 days as of his discharged date, on 24 August 2007.

7.  The applicant's records also contain a DA Form 4651 (Request for Reserve Component Assignment or Attachment), dated 11 July 2007.  Item 3n (Typed Name, Grade, and Signature of Reservist) contains the hand-written entry "Soldier is not Available For Signature."  Furthermore, Item 3e (Authority and Reason for Transfer) shows the entry "ETS," expiration of term of service. 

8.  The applicant's records contain two DA Forms 4856 (Developmental Counseling Forms), dated 12 July 2007.  Both forms show the counselor completed the forms and made entries "SM Unavailable For Signature." 

9.  The applicant's records do not show that he requested a transfer to the Retired Reserve.

10.  On 24 August 2007, Headquarters, 108th Division (Institutional Training), Charlotte, North Carolina, published Orders 07-236-0002, honorably discharging the applicant from the USAR.



11.  The applicant will reach age 60 on 15 January 2020.

12.  Army Regulation 135-178 (Enlisted Administrative Separations) prescribes policies and procedures for the separation of USAR enlisted Soldiers.  Chapter 11 of this regulation specifies that upon expiration of the Soldier's term of enlistment, reenlistment, or period of statutorily obligated service, the Soldier will be discharged by the separation authority.

13.  Army Regulation 140-10 (Assignments, Attachments, Details, and Transfers) sets forth the basic authority for the assignment, attachment, detail, and transfer of USAR Soldiers.  Chapter 7 of the regulation relates to the removal of Soldiers from an active status and states, in pertinent part, that Soldiers removed from an active status will be discharged or, if qualified and if they so request, will be transferred to the Retired Reserve. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was qualified for transfer to the Retired Reserve in view of his completion of over 21 years of qualifying service for Reserve retirement.  He contends that he did not know he had to request transfer to the Retired Reserve, because he believed it was "automatic." 

2.  Although there is no evidence in the available records, and the applicant did not provide substantiating evidence, to show he requested transfer to the Retired Reserve; it appears he may not have been counseled properly regarding his options as evidenced by the counseling forms that are available.  It also appears that had he been appropriately counseled he may have requested transfer to the Retired Reserve and done so in a timely manner.

3.  The applicant meets eligibility requirements for assignment to the Retired Reserve.  It would now be equitable and just to correct his military records by revoking his discharge of 24 August 2007, and assigning him to the Retired Reserve effective the same date, with entitlement to retired pay upon his application at age 60.








BOARD VOTE:

__xxx___  __xxx___  __xxx___  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 revoking his 24 August 2007 discharge from the USAR and showing he was transferred to the Retired Reserve effective 24 August 2007, with 21 years of qualifying service for retired pay, upon application, at age 60.



								XXX
      ______________________
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20080002047



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
ARLINGTON, VA  22202-4508