IN THE CASE OF:
BOARD DATE: 27 April 2010
DOCKET NUMBER: AR20090018292
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.
2. The applicant states he did not request a discharge in lieu of transfer to the Retired Reserve.
3. The applicant provides the following documents in support of his application:
* Orders D-01-405199 dated 19 January 1994
* NGB Form 22 (National Guard Bureau Report of Separation and Record
of Service) for the period ending 5 April 1990
* Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter)
* Orders 58-178 dated 26 March 1990
* DD Form 214 (Armed Forces of the United States Report of Transfer or
Discharge) for the period ending 2 March 1973
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 4 March 1951. He completed prior enlisted active and inactive service from 29 November 1968 through 23 June 1982. He accepted appointment as a warrant officer in the Army National Guard (ARNG) on 24 June 1982.
2. The applicants 20-year letter is dated 3 December 1989.
3. In a 6 February 1990, memorandum, the Indiana ARNG informed the applicant of the following:
a. He had been considered for retention in accordance with National Guard Regulation 635-102 and he was not selected for retention.
b. He was scheduled to be separated from the ARNG by 5 April 1990.
c. He became a member of U.S. Army Reserve (USAR) upon discharge from the ARNG.
d. He must apply in writing within 30 days if he desired the orders to indicate
his transfer to the Retired Reserve.
e. Orders would indicate transfer to the USAR Control Group (Reinforcement) if he did not elect such assignment.
4. On 5 April 1990, the applicant was discharged from the Indiana ARNG and transferred to the USAR Control Group (Reinforcement).
5. Orders published on 19 January 1994 discharged the applicant from the USAR on 25 September 1993 under the provisions of Army Regulation 135-175 (ARNG and Army Reserve Separation of Officers).
6. Army Regulation 140-10 (Assignments, Attachments, Details, and Transfers) covers policy and procedures for assigning and transferring USAR Soldiers. It states that assignment to the Retired Reserve is authorized in a number of circumstances, but an eligible Soldier must request transfer.
7. National Guard Regulation 635-102 provided guidance and procedures for conducting the officer Selective Retention Board. It prescribed policies and procedures for establishing and conducting selection boards used in the Army National Guard program for selective retention of officers and warrant officers beyond 20 years of qualifying service for retired pay. The policy included providing for progression of qualified officers, by retaining the best officers for the comparatively few higher level positions, by providing a career incentive, and by providing the opportunity to serve beyond 20 qualifying years with advancement to higher ranks at the peak years of an officer's effectiveness.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he did not request a discharge in lieu of transfer to the Retired Reserve.
2. The applicant was considered by a Selective Selection Board and he was not selected for retention. The evidence of record shows he had the option to apply for transfer to the Retired Reserve or he would be transferred to the USAR Control Group. It appears he never elected that option. As a result, he was discharged from the ARNG and transferred to the USAR Control Group.
3. The evidence of record shows the applicant was discharged from the USAR effective 25 September 1993. There is no evidence to show he ever requested transfer to the Retired Reserve once he was transferred to the USAR Control Group.
4. Transfer to the Retired Reserve may be accomplished upon the application of an eligible member. The evidence of record does not show the applicant requested transfer to the Retired Reserve. Therefore, there is insufficient basis in which to transfer the applicant to the Retired Reserve.
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) AR20090018292
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ABCMR Record of Proceedings (cont) AR20090018292
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