IN THE CASE OF:	  

		BOARD DATE:	  17 November 2009

		DOCKET NUMBER:  AR20090011866 


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 reassigned to the Individual Ready Reserve (IRR) or Retired Reserve instead of being honorably discharged.  

2.  The applicant states that he was honorably discharged from the Arizona Army National Guard (AZARNG) on 26 February 2008 and he was credited with only 18 qualifying years towards non-regular retirement because the ARNG Retirement Points History Statement was inaccurate at the time and he was unaware that it was inaccurate.  He adds that in April 2009, he submitted his Leave and Earnings Statements and other supporting evidence to correct his retirement points.  On 13 April 2009, he was issued a corrected ARNG Retirement Points History Statement that shows he completed 20 qualifying years of service as well as a Notification of Eligibility for Retired Pay at Age 60 (20-year letter)  He also states that if his retirement points were initially correct, he would have been issued a 20-year letter and would have been transferred to the correct component.

3.  The applicant provides a copy of Orders 057-653, issued by the Joint Forces Headquarters, AZARNG, on 26 February 2008; copies of his National Guard Bureau (NGB) Forms 23B (Army National Guard Retirement Points History Statement), dated 5 January 2008 and 13 April 2009; a copy of his 20-year letter, dated 13 April 2009; a copy of his NGB Form 22 (Report of Separation and Record of Service), dated 26 February 2008; and copies of his DD Forms 214 (Certificate of Release or Discharge from Active Duty), dated 8 December 1988, 25 May 2004, and 28 June 2006, in support of his request.
CONSIDERATION OF EVIDENCE:

1.  Having had prior enlisted service in the Regular Army and ARNG, the applicant’s records show he was appointed as a Medical Services (MS) second lieutenant (2LT) in the AZARNG and executed an oath of office on 27 May 1998. He was assigned to the Headquarters (HQ), State Area Command (STARC), Phoenix, AZ.  He was honorably separated from the ARNG on 3 June 2000 for the purpose of reappointment. 

2.  The applicant’s records also show he was reappointed in the AZARNG as an MS captain and executed an oath of office on 4 June 2000.  He was again assigned to HQ, STARC, Phoenix, AZ, and subsequently served in various staff and leadership positions and was promoted to major (MAJ) on 31 January 2006. 

3.  The applicant’s records further show he was discharged from the AZARNG and as a Reserve of the Army on 26 February 2008.  The NGB Form 22, effective 26 February 2008, shows he completed 23 years, 8 months, and 9 days of total service for pay; however, his NGB Form 23B, dated 29 February 2008, shows he completed 18 qualifying years of service towards non-regular retirement.  

4.  On 3 April 2008, NGB, Arlington, VA, published Orders 094-2 directing the applicant’s honorable discharge from the ARNG under the provisions of National Guard Regulation 635-100 (Commissioned Officers-Federal Recognition and Related Personnel Actions) and terminated all his Reserve appointments, effective 29 February 2008. 

5.  On 13 April 2009, after submitting additional documentation, the applicant’s NGB Form 23B was corrected to show he completed 20 qualifying years towards non-regular retirement.  Accordingly, on the same date, the Joint Forces Headquarters, AZARNG, issued the applicant a 20-year letter.  This letter notified the applicant that he completed the required years of service and on application, would be eligible for retired pay at age 60.

6.  Army Regulation 140-10 (Assignments, Attachments, Details, and Transfers), applies to the U.S. Army Reserve (USAR) and the ARNG, sets forth the basic authority for the assignment, attachment, detail, and transfer of USAR Soldiers.  It states, in pertinent part that for strength accountability purposes, the IRR consists of pre-trained individual Soldiers assigned to various control groups for control and administration who are available for mobilization in time of war or a national emergency declared by Congress.  The IRR control groups are the Control Group (Annual Training), the Control Group (Reinforcement), the Control Group (Officer Active Duty Obliger), and the Control Group (Dual Component):
	a.  Chapter 5 provides for the transfer between the USAR and the ARNG.  Paragraph 5-5 states, in pertinent part, that the State Adjutant General will issue transfer orders for officers.  State orders will be issued in the proper format for ARNG Soldiers who are transferred to USAR units, USAR Control Groups, or Retired Reserve;

	b.  Chapter 6 provides for transfer to the Retired Reserve and states, in pertinent part, that assignment to the Retired Reserve is authorized for several reasons and that eligible Soldiers must request transfer if they are entitled to receive retired pay from the U.S. Armed Forces because of prior military service; have completed a total of 20 years of active or inactive service in the U.S. Armed Forces; and

	c.  Chapter 7 provides for removal from an active status and states, in pertinent part, that Soldiers removed from an active status will be discharged or, if qualified and if they so request, will be transferred to the Retired Reserve. 

7.  Army Regulation 135-180 (Army National Guard and Army Reserve-Qualifying Service for Retired Pay Nonregular Service), paragraph 2-1a indicates that to be eligible for retired pay an individual does not need to have a military status at the time of application for retired pay, but must have (1) attained age 60; (2) completed a minimum of 20 years of qualifying service; and (3) served the last 8 years of his or her qualifying service as a Reserve Component (RC) Soldier.  The requirement to serve the last 8 years in an RC was later amended to the last 6 years, and on 26 April 2005 this requirement was reduced to zero (0) years.  This regulation also specifies, in part, that each RC 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 completes the service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be transferred to the Retired Reserve or the IRR.

2.  The evidence of record shows the applicant was discharged from the ARNG and as a Reserve of the Army on 26 February 2008 and his service was incorrectly calculated to show he had only completed 18 years of service for non-regular retirement.  Subsequent to his discharge, the applicant submitted additional documentary evidence to correct his retirement points and he was ultimately credited with completing 23 years, 8 months and 9 days of service for non-regular retirement and he was issued a 20-year letter.  


3.  It appears that if he had been credited with the correct years of service at the time of his discharge, he would have been eligible for a transfer to the Retired Reserve. Therefore, the applicant is entitled to correction of his records to show he was transferred to the Retired Reserve.  

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 
state Army National Guard records and the Department of the Army records of the individual concerned be corrected by correcting Orders 094-2, issued by the NGB, Arlington, VA, on 3 April 2008 and his NGB Form 22, dated 26 February 2008 to show the applicant was transferred to the Retired Reserve effective      26 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)                                         AR20090011866



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ABCMR Record of Proceedings (cont)                                         AR20090011866



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