IN THE CASE OF:
BOARD DATE: 5 November 2009
DOCKET NUMBER: AR20090006619
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 discharge from the U.S. Army Reserve (USAR) be voided.
2. The applicant states, in effect, that he was a commissioned warrant officer and was not subject to the discharge action by the RCPAC [Reserve Components Personnel and Administration Center]. He contends that he was commissioned in 1987 and that RCPAC appears to have erroneously discharged him from the Individual Ready Reserve (IRR) even though he had a 20-year retirement letter and he was a "grey area retiree." He states that he should have been transferred to the Retired Reserve or left in the IRR pending his mandatory retirement in 2008.
3. The applicant provides an election of options, dated 30 November 1996; a Notification of Eligibility for Retired Pay at Age 60 [commonly known as the
20-year letter], dated 17 July 1991; a DA Form 71 (Oath of Office Military Personnel), dated 14 June 1987; emails dated on various dates; Headquarters, 63rd USAR Command, Armed Forces Reserve Center, Los Alamitos, CA, Orders 047-010, dated 29 October 1991; U.S. Army Human Resources Command (USAHRC), St. Louis, MO, Orders P04-804943, dated 10 April 2008; and a U.S. Army Personnel Command, St. Louis, memorandum, subject: Notification of Promotion Status, dated 1 July 1996, in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 20 February 1948. Having prior enlisted service in the Regular Army, he was appointed as a warrant officer one (WO1) in the USAR on 13 January 1969. He was promoted to chief warrant officer four (CW4) on
14 September 1983, and he was subsequently commissioned a CW4 in the USAR on 14 June 1987.
2. The applicant received his 20-year letter, dated 17 July 1991, notifying him that, having completed the required years of service, he would be eligible for retired pay on application at age 60.
3. On 31 October 1991, the applicant was assigned to the USAR Control Group (Reinforcement).
4. On 15 December 1996, the applicant signed an election of options which shows he elected "I am a Commissioned Warrant Officer. (Commissioned Warrant Officers are nonparticipation exempt. Please enclose a copy of
DA 71.)."
5. The applicant's USAR discharge orders are not available for review; however, the USAHRC, St. Louis, Soldier Management System (SMS) indicates that he was discharged from the USAR by Orders D12606982, dated 31 December 1996, for nonparticipation.
6. On 20 February 2008, the applicant was placed on the Retired List.
7. The applicant's ARPC Form 249-E (USAR Personnel Command Chronological Statement of Retirement Points), dated 3 November 2009, shows he had 21 years of qualifying service for retirement.
8. Paragraph 7-3 of Army Regulation 140-10 (Army Reserve Assignments, Attachments, Details, and Transfers) states that an officer (other than a commissioned warrant officer) or enlisted Soldier who has accrued 20 years of qualifying service for retired pay is required to attain 50 points annually to be retained in an active status in the Selected Reserve, IRR, or Standby Reserve (Active List). An officer (other than a commissioned warrant officer) or enlisted Soldier who fails to attain 50 points by the anniversary of his or her retirement year ending date will be removed from active status.
9. Army Regulation 140-10 also states, in pertinent part, that eligible Soldiers must request transfer/assignment to the Retired Reserve.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows the applicant, a commissioned warrant officer, with
21 years of qualifying service for retirement was discharged from the USAR on 31 December 1996 for nonparticipation. Since commissioned warrant officers are exempt from the rule that requires discharge or release from an active status if they do not attain 50 points annually, it appears the applicant was erroneously discharged from the USAR. Therefore, it would now be appropriate as a matter of equity to void USAHRC Orders D12606982, dated 31 December 1996, discharging him from the USAR and awarding him the 15 membership retirement points that he would have earned had he not been discharged.
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. voiding USAHRC Orders D12606982, dated 31 December 1996, that discharged him from the USAR; and
b. awarding him the 15 membership retirement points per retirement year for the period 31 December 1996 to 20 February 2008.
___________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) AR20090006619
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ABCMR Record of Proceedings (cont) AR20090006619
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