IN THE CASE OF:
BOARD DATE: 25 November 2008
DOCKET NUMBER: AR20080014223
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 Army National Guard discharge orders, dated 6 December 1995, be revoked and that he be transferred to the Retired Reserve effective 11 December 1995.
2. The applicant states that when he was separated from the Army National Guard he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). He contends that he should have been transferred to the Retired Reserve and that he did not receive adequate information about the effects of being in the USAR Control Group. He states that he did not understand that cost of living allowances (COLA) would be suspended while he was a member of the Control Group and that it was his understanding that the COLAs would continue to be in effect until he turned age 60, at which time his retirement would commence.
3. The applicant provides a copy of his discharge orders.
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 7 December 1948. Having prior service in the Army National Guard, he enlisted in the Army National Guard on 14 April 1990.
3. The applicants notification of eligibility for retired pay at age 60 (his 20-year letter) is dated 17 July 1995.
4. Orders, dated 6 December 1995, show the applicant was honorably discharged in the rank of major from the Army National Guard and transferred to the USAR Control Group (Reinforcement) effective 11 December 1995.
5. The applicant's National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows he was discharged on 11 December 1995 under the provisions of National Guard Regulation 635-100, paragraph 5a(3)(a), for resignation.
6. Orders, dated 21 December 1995, show that Federal Recognition was withdrawn and the applicant was transferred to the USAR effective 11 December 1995.
7. The applicant's requests for resignation/request for discharge are not available.
8. Orders, dated 8 January 1997, show the applicant was honorably discharged from the USAR effective 8 January 1997.
9. Army Regulation 140-10 (Army Reserve Assignments, Attachments, Details, and Transfers) states, in pertinent part, that eligible Soldiers must request transfer/assignment to the Retired Reserve.
DISCUSSION AND CONCLUSIONS:
In the absence of evidence to the contrary, such as his request for resignation, it must be presumed that the applicants request for resignation and his request for discharge from the Army National Guard and transfer to the USAR Control Group (Reinforcement) was properly processed. Therefore, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X_____ ____X____ ____X____ 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.
__________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) AR20080014223
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080014223
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090007779
The applicant requests correction of his records to show he had a civilian break in service from 16 December 1994 through 31 December 2001 instead of being in the U.S. Army Reserve (USAR) Control Group during this period. The evidence of record shows the applicant was appointed as a commissioned officer in the Army National Guard on 7 December 1991 and granted Federal Recognition on that date. As a result, the Board recommends that all State Army National Guard and Department of the Army...
ARMY | BCMR | CY2007 | 20070003200C071029
The applicant’s National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending 31 August 1992 shows he was honorably discharged from the ARNG and transferred to the U. S. Army Reserve Control Group (Reinforcement) by reason of resignation from the ARNG. The applicant’s request to resign from the ARNG is not available; therefore it cannot be determined if there is a Government error or injustice in this case. However, the additional instructions in...
ARMY | BCMR | CY2009 | 20090002918
The applicant requests that: a. he be awarded credit for qualifying years of service for non-regular retirement as a reinstated officer from the date of his voided discharge to the date of his return to the active Reserve (5 May 2005); and b. his discharge orders, Orders Number D-08-852440, dated 13 August 1998, be revoked and removed from his official records. The applicant's official records do not contain a copy of his honorable discharge orders (D-08-852440) from the USAR, dated 13...
ARMY | BCMR | CY2007 | 20070007921
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. Review of the applicant's Official Military Personnel File (OMPF) did not provide any documentation (normally stated in the context of the 20-year letter) that covered the requirement of law to earn 50 or more retirement points by each retirement year ending date (RYE). The applicant contends that his 21 July 1995 discharge orders should be...
ARMY | BCMR | CY2009 | 20090006466
The applicant provides the following documents in support of her application: * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 18 May 2001; * NGB Form 22 (National Guard Bureau Report of Separation and Record of Service); * State of North Carolina, Orders 009-815, dated 9 January 2004, discharging her from the Army National Guard; * Departments of the Army and the Air Force National Guard Bureau Special Orders Number 34 AR, dated 12 February 2004; *...
ARMY | BCMR | CY2010 | 20100013069
The applicant requests, in effect, his discharge date be corrected to show 30 November 1990 and his twice nonselection for promotion to Major be expunged from his record. The applicant requests, in effect, his discharge date be corrected to show 30 November 1990 and his twice nonselection for promotion to Major be expunged from his record. As a result, the Board recommends that all Department of the Army Records of the individual concerned be corrected by: a. showing his November 1990...
ARMY | BCMR | CY2015 | 20150000894
The applicant requests his under other than honorable conditions discharge from the U.S. Army Reserve (USAR) be corrected to honorable. He resigned and did not consent to an under other than honorable conditions discharge under Army Regulation 135-175, paragraph 1-13(f)(3). (3) Officer concerned waives such board proceedings and consents to discharge under conditions other than honorable.
ARMY | BCMR | CY2003 | 03092048C070212
The Board considered the following evidence: He was discharged from the Guard on 14 June 1974 in order to accept an appointment in the Ohio Army National Guard. The applicant's chronological statement of retirement points that he submits with his request shows that he was a member of the USAR from 2 April 1977 without a break in service through 1 April 2003.
ARMY | BCMR | CY2014 | 20140009162
The applicant requests, in effect, correction of his record to show he is eligible for a military retirement. He voluntarily resigned from the ARNG prior to attaining the required 20 qualifying years of service for non-regular retirement. In the absence of evidence showing he completed the time required by statute to become eligible for non-regular retired pay, there is no basis for granting his request.
ARMY | BCMR | CY2004 | 2004102698C070208
NGB further stated that the applicant was discharged from the Army on 18 October 1977 and that, on 5 October 1977, he received appointment as a Reserve commissioned officer with an effective date of 19 October 1977. The NGB opinion stated that the applicant completed an application for Federal Recognition on 11 November 1979 and that he indicated that he was in the USAR from 18 October 1977 until the "present." The applicant's service personnel records contain a Department of the Army,...