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
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