Search Decisions

Decision Text

ARMY | BCMR | CY2008 | 20080019226
Original file (20080019226.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  21 May 2009

		DOCKET NUMBER:  AR20080019226 


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 that his Mandatory Removal Date (MRD) extension date be changed from 1 October 2008 to 1 October 2007 and, as a result of that correction, that the date of his assignment to the Retired Reserve be corrected to the same date.

2.  In the processing of this case, the Board's staff contacted the applicant who changed his request to amending the date of his transfer to the Retired Reserve to 30 June 2007, and placement on the Retired List effective 1 July 2007.

3.  The applicant states that he entered active duty on 23 March 2006.  He informed his unit that his MRD was in August 2006, but was told that he did not need to submit an extension packet since he was covered under Stop Loss.

4.  In the March/April 2007 timeframe, the applicant was informed by the Human Resources Command, St. Louis (HRC-STL) that he had to submit an MRD extension packet, which he did.  That packet apparently got lost and he had to resend an MRD extension packet.  The second MRD extension packet was apparently lost as well, but he was told he would be able to transfer to the Retired Reserve without an MRD extension.  However, when he attempted to transfer to the Retired Reserve, he was told he had to submit yet another MRD extension packet, which he did.  As a result of the loss of his MRD extension packets, he was not transferred to the Retired Reserve until 1 October 2008.  The applicant contends that this delay cost him a year's retirement pay and/or money he would have earned attending unit training assemblies.

5.  The applicant does not provide any additional documents in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that the applicant, a lieutenant colonel in the U.S. Army Reserve, who was born on 5 August 1946, entered active duty on 23 March 2006 and was honorably released from active duty on 25 June 2007.

2.  On 16 October 2008, orders were issued transferring the applicant to the Retired Reserve effective 1 October 2008 due to completion of 20 or more years of qualifying service for retired pay at age 60.

3.  A review of the integrated Personnel Electronic Records Management System (iPERMS) contact list shows that on 4 April 2007, HRC-STL contacted the applicant's command and requested that he immediately submit an MRD extension packet.  In a second record of contact, the applicant's unit contacted HRC-STL on 14 July 2008 and requested the status of the applicant's MRD extension packet.  HRC-STL stated that there was no record of ever receiving such a packet from the applicant.

4.  Army Regulation 140-10, paragraph 7-3, Maximum Age, states that Soldiers not sooner removed for another reason will be removed when they reach maximum age.  Removal date will be the last day of the month in which they reach age 60.

5.  Army Regulation 135-180 implements the statutory authority governing what constitutes qualifying service for retired pay for nonregular service in the Reserve Components.  Chapter 2, in pertinent part, states that to be eligible for retired pay, an individual must have attained the age of 60 and completed a minimum of 20 years of qualifying service.  A qualifying year is defined as a year of service during which a Reservist earns at least 50 retirement points.  For service in an active component, a qualifying year of service is a full calendar year consisting of 365 or 366 days, as appropriate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant turned age 60 on 5 August 2006 and was released from active duty on 25 June 2007.  

2.  There is no reason why the applicant should not have been transferred to the Retired Reserve in conjunction with his release from active duty.  

3.  As stated by the applicant, the delay in transferring him to the Retired Reserve delayed his receipt of retired pay.

4.  Since retired pay is paid in full month increments, it would be appropriate to show that the applicant was transferred to the Retired Reserve effective 30 June 2007, that he was placed on the Retired List on 1 July 2007, and that he made timely application for retired pay.  Based on these corrections, it would then be appropriate to pay him retired pay retroactive to 1 July 2007.

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 Department of the Army records of the individual concerned be corrected by:

	a.  showing that he was transferred to the Retired Reserve on 30 June 2007;

	b.  showing that he was placed on the Retired List on 1 July 2007;

	c.  showing that he made timely application for retired pay; and

	d.  paying him retired pay retroactive to 1 July 2007 as a result of these corrections.




      _______ _   X_______   ___
               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)                                         AR20080019226





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080019226



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2008 | 20080017881

    Original file (20080017881.txt) Auto-classification: Denied

    On 29 February 2008, HRC-St. Louis officials requested revocation of the applicantÂ’s mobilization Orders M-10-702757 due to the fact that he would turn age 62 on 8 April 2008 and must be removed from active service not later than 60 days after the date in which he turns age 62. On 14 April 2008, HRC-St. Louis published Orders C-04-807106, releasing the applicant from active duty by reason of completion of 20 or more years of Reserve duty and reassigning him to the Retired Reserve on 7 June...

  • ARMY | BCMR | CY2007 | 20070004162C080407

    Original file (20070004162C080407.doc) Auto-classification: Denied

    The applicant requests, in effect, that he receive credit for United States Army Reserve (USAR) service he performed after he reached age 60; and that his retirement pay be changed accordingly. This HRC retirement official further states that AMEDD officer MRD extension procedures are well known; however, it appears the applicant submitted his request to his chain of command in August 2005, which was just three months prior to his MRD and retirement date, and his request was processed...

  • ARMY | BCMR | CY2015 | 20150001599

    Original file (20150001599.txt) Auto-classification: Approved

    The applicant requests: * the Board finds that he was improperly discharged from the U.S. Army Reserve (USAR) in 2007 * adjustment of his mandatory removal date (MRD) to reflect the breaks in service * restoration of his highest rank achieved, lieutenant colonel (LTC), and that he be allowed to continue to serve in that capacity until mandatory retirement at age 60 * service credit in the rank of LTC retroactive to the date of his enlistment on 21 February 2014 2. On 3 April 2013, by email,...

  • ARMY | BCMR | CY2009 | 20090000933

    Original file (20090000933.txt) Auto-classification: Approved

    The applicant states his Official Military Personnel File (OMPF) shows his MRD as 2002, but his U.S. Army Reserve (USAR) unit showed his MRD as 24 January 2009. He also submits his DA Form 2B (Personnel Qualification Record) which shows his MRD as 24 January 2009. Based on the fact that the applicant's unit was mobilized shortly after his unit administrator's discussion with HRC-STL about his MRD, it may be reasonably concluded that the applicant did in fact submit his request for a waiver...

  • ARMY | BCMR | CY2013 | 20130012355

    Original file (20130012355.txt) Auto-classification: Denied

    The applicant requests: * correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she completed 33 years and 6 months of service * service credit of 3 years that she completed but was not credited with * correction of her mandatory removal date to show 4 April 2015 * reinstatement and selection to attend the War College 2. However, she completed 3 more years with the USAR after that. The applicant contends: * her DD Form 214 should be corrected to show...

  • ARMY | BCMR | CY2010 | 20100009890

    Original file (20100009890.txt) Auto-classification: Denied

    The applicant states that he was involuntarily retired due to age at the rank of colonel; however, he is being paid as a lieutenant colonel (LTC) because he was unable to serve the required lock-in period. He further states that he had requested a mandatory removal date (MRD) extension which was favorably recommended by the MRD board but final action never occurred. While he was retired in the rank of colonel, he did not serve the required 6 months in grade and thus is being paid in the...

  • ARMY | BCMR | CY2010 | 20100030307

    Original file (20100030307.txt) Auto-classification: Denied

    The official added that although the applicant was a two time non-select for promotion to LTC which resulted in either his discharge or transfer to the Retired Reserve, he was placed on the Promotion Selection List, which according to Title 10, U.S. Code (USC), sections 14506 and 14701 would have allowed him to serve until he reached 24 years of commissioned service. Title 10, USC, section 14506 (Effect of failure of selection for promotion: Reserve MAJs of the Army) states, in pertinent...

  • ARMY | BCMR | CY2010 | 20100010265

    Original file (20100010265.txt) Auto-classification: Approved

    The applicant requests reconsideration of the Board's denial of his previous request as follows: a. reinstatement to active duty until he can obtain a new surgical appointment and complete his surgery and recuperation; b. cancellation of his retirement until he has completed his surgery and recuperation; c. restoration of pay and allowances that the Army recouped as an indebtedness prorated through 13 June 2008, the date that the unexecuted portion of his active duty orders A-06-810144 were...

  • ARMY | BCMR | CY2010 | 20100008775

    Original file (20100008775.txt) Auto-classification: Denied

    After application to the Army Board for Correction of Military Records (ABCMR), he was reinstated as a commissioned officer in the USAR in the rank and grade of major/pay grade O-4. Based on the evidence of record, the applicant executed an oath of office and was commissioned in the USAR on 15 January 1985 at the age of 28 years. Therefore, there is insufficient basis to grant him his requested relief to extend his MRD to 10 March 2016, the date he attains age 60.

  • ARMY | BCMR | CY2009 | 20090005397

    Original file (20090005397.txt) Auto-classification: Denied

    f. A letter from the applicant to MG Rhett H________, Commander, HRC, Alexandria, VA, dated 9 December 2005, subject: Request for Assistance with Request for War College Deferment, in which the applicant requests his intervention with the Commander, USA HRC (St. Louis, MO), and assistance in obtaining a deferral from USAWC DEC Class 2007 to USAW DEC Class 2008. g. Headquarters, USA HRC, St. Louis, MO, memorandum, dated 9 August 2006, that shows the CAR denied the applicantÂ’s request to defer...