IN THE CASE OF:	  

		BOARD DATE:	  22 October 2009

		DOCKET NUMBER:  AR20090011744 


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 correction of his records to show he was transferred to the Retired Reserve instead of being discharged from the Indiana Army National Guard (INARNG) and transferred to the U.S. Army Reserve (USAR) Control Group (Individual Ready Reserve (IRR)). 

2.  The applicant states, in effect, that he was not correctly informed of what it means to be in the Retired Reserve vice the IRR and how it all works.  If the components had been explained to him he would not have elected a transfer to the IRR.  He adds that after 28 years of service, he wishes to be transferred to the Retired Reserve.  

3.  The applicant provides a copy of his NGB Form 22 (Report of Separation and Record of Service), dated 30 April 2006; a copy of his NGB Form 23 (Army National Guard Retirement Credit Record), dated 21 May 2009; a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 30 November 1979; a copy of his Notification of Eligibility for Retired Pay at Age 60 (20-year letter), dated 6 August 1998; and a copy of Orders 069-084, issued by the Joint Forces Headquarters, Indianapolis, IN, on 10 March 2006, in support of his application. 






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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant’s records show he was born on 6 December 1956 and initially enlisted in the U.S. Marine Corps (USMC) on 1 December 1975.  He completed 4 years of creditable active service and was honorably released from active duty on 30 November 1979 and transferred to the USMC Reserve for completion of his Reserve obligation.  

3.  The applicant’s records also show he enlisted in the INARNG on 28 July 1983 and held military occupational specialties MOS 91B (Healthcare Specialist) and MOS 91J (Medical Logistics Specialist).  He served through a series of extensions in the INARNG and attained the rank/grade of staff sergeant/E-6.  He was assigned to the 738th Medical Company, Monticello, IN.

4.  On 6 August 1998, the Office of the Adjutant General, INARNG, issued the applicant a Notification of Eligibility for Retired Pay (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.

5.  On 5 February 2001, by memorandum, the Office of the Adjutant General, INARNG, notified the applicant that he was selected by the Calendar Year 2001 (CY01) Qualitative Retention Board (QRB) for continued retention in the ARNG in accordance with Army Regulation 135-205 (Enlisted Personnel Management).  The memorandum also notified him that he would be considered again in
2 years by the CY03 QRB.

6.  On 3 February 2003, by memorandum, the Office of the Adjutant General, INARNG, notified the applicant that he was again selected by the CY03 QRB for continued retention in the ARNG in accordance with Army Regulation 135-205 and that he would be considered in 2 years by the CY05 QRB.

7.  The applicant’s records do not contain a copy of the CY05 QRB memorandum.  However, the notification would have advised the applicant that his military records would be considered by the QRB, the convening date of the QRB and the option to review his records.  Along with those actions, the applicant would have been required to elect one of the following options:

	a.  Review/Decline to Review his Military Personnel File.

	b.  If not selected for retention, choose the following option:

		(1)  Transfer/reassignment to the Control Group (Reinforcement) of the Individual Ready Reserve  

		(2)  Transfer to the Retired Reserve. 

8.  On 10 March 2006, the Joint Forces Headquarters, INARNG, published Orders 069-084, directing the applicant’s discharge from the ARNG and reassignment to the USAR Control Group, IRR, effective 30 April 2006, by reason of non-selection for retention by the CY05 QRB. 

9.  The NGB Form 22 he was issued shows he was honorably discharged from the ARNG under the provisions of National Guard Regulation (NGR) 600-200 (Enlisted Personnel Management) by reason of non-selection for retention by the QRB.  This form further shows he completed a total of 28 years, 9 months, and 3 days of total service for pay.  This form also indicates that his terminal date of Reserve/military service obligation was on 27 July 2009.

10.  The applicant turns 60 years of age on 6 December 2016. 

11.  NGR 600-200 establishes standards, policies, and procedures for the management of enlisted members of the ARNG in the areas of classification and reclassification, personnel management, assignments and transfers, special duty, promotions, and enlisted separations.  It states, in pertinent part, that a discharge for the purpose of complete separation from military service terminates a Soldier’s statutory and contractual military service obligation on the effective date of the discharge.  An enlisted ARNG Soldier who is discharged from the ARNG and not concurrently discharged as a Reserve of the Army automatically becomes a member of the USAR.  Furthermore, Soldiers not recommended for retention by a QRB will be involuntarily discharged or transferred to the USAR Control Group (Reinforcement) or (Retired) if they so elect and are eligible.


12.  Army Regulation 135-205 prescribes policies and responsibilities for the Qualitative Retention Program (QRP).  The QRP is a continuing program of qualitative retention that is essential to provide for career progression of qualified enlisted personnel at proper intervals in their careers.  The QRP ensures only the best qualified Soldiers are retained beyond 20 years of qualifying service for non-regular retired pay. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show he was transferred to the Retired Reserve instead of being discharged from the INARNG and transferred to the USAR Control Group (IRR). 

2.  The evidence of record shows that having completed 20 qualifying years for non-regular retirement, the applicant was considered and selected by the CY01 and CY03 QRBs for retention beyond 20 years of qualifying service for non-regular retired pay.  In each case, he was notified of his selection and that his service records would be reconsidered in 2 year.  

3.  The evidence of record further shows that he was considered for retention by the CY05 but he was not selected.  His record is void of the notification memorandum; however, this notification memorandum would have required him to make an election between a transfer/reassignment to the USAR Control Group (IRR) or the Ready Reserve.  He appears to have elected a transfer to the IRR.  Accordingly, on 10 March 2006, the Joint Forces Headquarters, INARNG, published orders directing his discharge from the ARNG and reassignment to the USAR Control Group (IRR).  There is neither an error nor an injustice.

4.  While in the IRR, the applicant could have at anytime requested a transfer from the USAR Control Group (IRR) to the USAR Control Group (Retired Reserve) but he did not do so.  Again, there is neither an error nor an injustice.

5.  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)                                         AR20090011744



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090011744



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1