IN THE CASE OF:
BOARD DATE: 9 June 2009
DOCKET NUMBER: AR20090003890
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 17 March 2006 discharge from the United States Army Reserve (USAR) be voided and that he be transferred to the Retired Reserve on that same date in lieu of being discharged.
2. The applicant states that he filled out and signed some incorrect portions of his retirement request.
3. The applicant provides a copy of Orders 06-076-00052, issued by Headquarters, 88th Regional Readiness Command (RRC), Fort Snelling, MN, on 17 March 2006; a copy of his Notification of Eligibility for Retired Pay at Age 60 Letter (20-Year Letter), dated 16 February 1999; and a copy of his AHRC Form 249-2-E (Chronological Statement of Retirement Points), dated 16 February 2006, in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicants records show that he initially enlisted in the Regular Army for a period of 3 years on 30 June 1976. He held a communications military occupational specialty, attained the rank/grade of specialist four (SP4)/E-4, and was honorably released from active duty and transferred to the USAR Control group (Reinforcement) on 27 June 1979. He completed 2 years, 11 months, and 28 days of creditable active military service.
2. The applicants records also show he executed a series of 6-year reenlistments in the USAR on 20 December 1981, 25 October 1987, 25 September 1993, and 12 September 1999, and was promoted through the ranks to sergeant first class (SFC)/E-7.
3. On 18 February 1999, the U.S. Army Reserve Personnel Command (now known as the U.S. Human Resources Command or HRC), St. Louis, MO, issued the applicant a Notification of Eligibility for Retired Pay at Age 60 Letter (20-Year Letter. This letter notified the applicant that he had completed the required years of service and would be eligible for retired pay upon application at age 60.
4. On 17 March 2006, Headquarters, 88th RRC, Fort Snelling, MN, published Orders 06-076-00052, directing the applicant's honorable discharge from the USAR, effective 16 April 2006, in accordance with Army Regulation 135-178 (Enlisted Administrative Separations).
5. The applicant's records do not reveal that he submitted a Request for Reserve Component Assignment/Attachment (DA Form 4651-R) requesting retirement or to be transferred to the Retired Reserve.
6. Army Regulation 140-10 (Assignments, Attachments, Details, and Transfers) prescribes policies, responsibilities, and procedures to assign, attach, detail, remove, or transfer USAR Soldiers. Chapter 7 contains guidance on removal from active status and paragraph 7-1a indicates that Soldiers removed from active status will be discharged or transferred to the Retired Reserve upon their request if they are eligible.
7. Army Regulation 135-178 prescribes the policies and procedures for the separation of USAR enlisted Soldiers. It specifies, in pertinent part, that on expiration of term of enlistment, reenlistment, or period of statutorily obligated service, the Solider will be discharged by the separation authority.
8. Army Regulation 135-180 (Army National Guard and Army Reserve-Qualifying Service for Retired Pay Nonregular Service), indicates, in pertinent part, that each Reserve component Soldier who completes the service required to be eligible for retired pay at age 60 will be notified in writing with a 20-year letter within 1 year after he/she completed the service.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his discharge orders should be revoked and he should be transferred to the Retired Reserve.
2. There is no evidence in the available records and the applicant did not provide substantiating evidence that shows he elected to transfer to the Retired Reserve or that he was not counseled properly regarding his options. The applicant was a senior noncommissioned officer at the time of his discharge. He knew or should have known that he needed to request a transfer to the Retired Reserve. There is no evidence that he did so.
3. In order to justify correction of a military record, the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant did not submit evidence that would satisfy this requirement. Therefore, there is insufficient evidence to grant him the requested relief.
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.
_______ _ 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) AR20090003890
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