IN THE CASE OF:
BOARD DATE: 29 July 2008
DOCKET NUMBER: AR20080008634
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that his records be corrected to show he was transferred to the Retired Reserve.
2. The applicant states that it was his intention to retire from the Pennsylvania Army National Guard (PAARNG) to the status of Retired Reserve. Instead, he was discharged completely. He followed the instructions of the Division officer with whom he spoke about this and processed his retirement letter accordingly. He had many work commitments and had assumed that all his paperwork had been processed correctly.
3. The applicant states that it was after he was told he was not in Army Knowledge Online (AKO) that he thought he should investigate his retirement further. He looked at his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), and item 23 (Authority and Reason) stated the reason for his action was Reinforcement Retired Reserve. However, his separation orders stated Transferred to: NONE. When he retired, his goal was to go to the Retired Reserve.
4. The applicant provides his notification of eligibility for retired pay at age 60 (his 20-year letter); his NGB Form 22 for the period ending 22 May 2006; discharge orders, dated 8 September 2006; discharge orders, dated 8 November 2006; his ARNG Current Annual Statement, prepared on 18 May 2007; and his request for resignation.
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 10 November 1962. After having had prior enlisted service in the PAARNG, he was appointed a commissioned officer, Armor Branch, in the PAARNG on 25 January 1990. He was promoted to Major, O-4, on 15 April 2005.
2. The applicants 20-year letter is dated 4 May 2006.
3. On 12 May 2006, the applicant tendered his concurrent resignation as an officer of the PAARNG and as a Reserve of the Army. He stated work and family conflicts no longer allowed him to perform his military responsibilities to the level he would personally expect. He enjoyed his 20 years in the PAARNG and would always treasure his service and those with whom he served.
4. Effective 22 May 2006, the applicant was discharged from the PAARNG and as a Reserve of the Army. Item 9 (Command to which Transferred) of his NGB Form 22 for the period ending 22 May 2006 contains the entry, NA. Item 23 contains the entry, NGR (National Guard Regulation) 635-100, 5a(3) Resignation Reinforcement Retired Reserve.
5. Commonwealth of Pennsylvania, Department of Military & Veterans Affairs, The Adjutant General, Orders 251-1009, dated 8 September 2006, separated the applicant from the ARNG and as a Reserve of the Army effective 22 May 2006.
6. National Guard Bureau Orders 312-6, dated 8 November 2006, discharged the applicant from the ARNG effective 22 May 2006. These orders also stated, All reserve of the Army and Army of the United States appointments are terminated.
7. 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. The term good years is an unofficial term used to mean years in which 50 or more retirement points are earned during each year and which count as qualifying years of service for retirement benefits at age 60.
DISCUSSION AND CONCLUSIONS:
1. When the applicant requested resignation, he tendered his concurrent resignation as an officer of the PAARNG and as a Reserve of the Army. He did
not request discharge from the PAARNG and transfer to the Retired Reserve. Therefore, he was accordingly discharged from both his ARNG status and from his Reserve of the Army status.
2. However, the entry in item 23 of the applicants NGB Form 22 for the period ending 22 May 2006, indicating his reason for separation was Resignation Reinforcement Retired Reserve, lends some corroboration to the applicants contention that he intended to transfer to the Retired Reserve and that he relied on the instructions of a Division officer in processing his retirement letter.
3. The applicant will not be eligible for retired pay for another 14 years. Any reasonable doubt concerning his intention to transfer to the Retired Reserve should be resolved in his favor as it would be in the Governments 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:
___xx___ ___xx___ __xx____ 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 State Army National Guard records and Department of the Army records of the individual concerned be corrected by showing he was discharged only from his Army National Guard status effective 22 May 2006 and that he was transferred to the Retired Reserve effective the following day.
________xxxxx_________ CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080008634
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ABCMR Record of Proceedings (cont) AR20080008634
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