IN THE CASE OF:	  

		BOARD DATE:	        15 JANUARY 2009

		DOCKET NUMBER:  AR20080011313 


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, in two applications, requests that his discharge on 14 July 2007 be voided.

2.  The applicant states that he was notified on 15 April 2007 that he was not selected for retention by a 2007 Qualitative Retention Board (QRB) and discharged from the Army National Guard of 14 July 2007 while still having 
2 years left on his enlistment contract.  He also states that his discharge was in error, as he did not have 20 years of qualifying service for non-regular retired pay, and should not have been considered by a QRB or separated from unit membership.  He further states that paragraph 2-16 of Army Regulation 135-205 (Enlisted Personnel Management) states that no Soldier will be considered by a QRB or separated from unit membership unless the Soldier has completed 
20 qualifying years of service for non-regular retired pay no later than the day before the date of the board convened.

3.  The applicant provides, in support of his application, an undated self-authored request for a copy of all documents in his military records; his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) that was issued on 14 July 2007; orders, dated 19 June 2007, which honorably discharged him on 14 July 2007; an undated "Attachment A" to one of his applications; and a letter, dated 3 November 2008, from the Assistant Inspector General, Massachusetts National Guard.  



CONSIDERATION OF EVIDENCE:

1.  The applicant requested a copy of all documents in his military records.  However, this is not a function of the Army Board for Correction of Military Records.  The applicant has been notified by separate correspondence of the procedures for requesting his military records and, as a result, this issue will not be discussed further in these proceedings.

2.  The applicant's military records show that he enlisted in the Massachusetts Army National Guard (MAARNG) on 22 November 1985 and was transferred to the United States Army Reserve (USAR) Control Group (Annual Training) on 
14 April 1992 due to unsatisfactory participation.  On 31 July 1997, he again enlisted in the MAARNG.  On 27 July 2006, the applicant extended his last enlistment to 29 July 2009.

3.  In a memorandum, dated 15 April 2007, the MAARNG Adjutant General informed the applicant that he was considered for qualitative retention by a QRB, but that he was not selected.  He was also informed that not later than 14 July 2007, he would be discharged, transferred to the USAR Control Group (Reinforcement) of the Individual Ready Reserve, or transferred to the Retired Reserve according to the option he selected by endorsement.

4.  Although the applicant's military records are silent as to what option the applicant selected, his military records did contain orders, dated 19 June 2007, which honorably discharged him from the Army National Guard and as a Reserve of the Army effective 14 July 2007.  The NGB Form 22 that was issued to him on that date shows that he completed 21 years, 7 months, and 23 days of service for pay but only 14 years, 7 months, and 23 days of qualifying service for non-regular retired pay.

5.  The applicant's Chronological Statement of Retirement Points, dated 
1 December 2008, shows that he only completed 14 years, 7 months, and
23 days of qualifying service for non-regular retired pay.  This document also shows that although he was either a member of the Army National Guard or the USAR from 22 November 1985 to 14 July 2007, he did not have qualifying years for his retirement year ending dates of 21 November 1992, 21 November 1993, 
21 November 1994, 21 November 1995, 21 November 1996, and 21 November 1997.

6.  Chapter 2 (Qualitative Retention Program) of Army Regulation 135-205 provides, in pertinent part, that the purpose of the Qualitative Retention Program is to determine retention potential and acceptability for reenlistment or extension 
of enlistment.  Paragraph 2-16 of this regulation states that no Soldier will be considered by a QRB or separated from unit membership under this chapter unless the Soldier has completed 20 qualifying years of service for non-regular retired pay no later than the day before the date the board convened.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his discharge on 14 July 2007 should be voided.

2.  The applicant's contentions have been carefully considered and found to have merit.  In accordance with Army Regulation 135-205, no Soldier will be considered by a QRB or separated from unit membership under Chapter 2 of this regulation unless the Soldier has completed 20 qualifying years of service for non-regular retired pay no later than the day before the date the board convened. The evidence of record clearly shows that while he completed 21 years, 
7 months, and 23 days of service for pay, he had only completed 14 years, 
7 months, and 23 days of qualifying service for non-regular retired pay at the time of his QRB-directed discharge on 14 July 2007.  As a result, the applicant was erroneously discharged.

3.  In view of the foregoing, it would be appropriate at this time to correct his military records by voiding his 14 July 2007 QRB-directed discharge, awarding him back pay and retirement points for any inactive duty training and annual training that he could have potentially attended as if he was never discharged on 14 July 2007, and removing all correspondence related to his 14 July 2007 discharge from his official military personnel file.

BOARD VOTE:

___X_____  ____X____  ___X_____  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 and National Guard and Department of the Army records of the individual concerned be corrected by voiding his 14 July 2007 QRB-directed discharge, awarding him back pay and retirement points for any inactive duty training and annual training that he could have potentially attended as if he was never discharged on 14 July 2007, and removing all correspondence related to his 14 July 2007 discharge from his official military personnel file.



      ________XXX_____________
               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)                                         AR20080011313



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ABCMR Record of Proceedings (cont)                                         AR20080011313



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