IN THE CASE OF:
BOARD DATE: 21 October 2010
DOCKET NUMBER: AR20100009229
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 reassignment from the Retired Reserve to the Individual Ready Reserve (IRR) and subsequent transfer to a Troop Program Unit (TPU) in order to complete 20 qualifying years of service at age 60.
2. The applicant states he was assigned in the IRR from 1997 until he was transferred to the Retired Reserve, effective 22 December 2009. His civilian job prohibited him from serving as in Individual Mobilization Augmentee (IMA) or in a TPU position because he was always relocating to other projects and on constant business travel throughout his IRR assignment. His job stabilized in 2009 and he contacted his career manager to continue his service. He was informed that he needed two more years to complete his 20 years of qualifying service. He was told to find a TPU unit. He found one in Hawaii only to be told later that he had reached his mandatory release date (MRD) and he could not be transferred. He contends he was removed from the IRR without his consent and he should have been given an extension to meet the 20 qualifying years of service per Army Regulation 140-10 (Assignments, Attachments, Details, and Transfers).
3. The applicant provides his ARPC Form 249-E (Chronological Statement of Retirement Points), orders transferring him to the Retired Reserve, DA Form 4651 (Request for Reserve Component Assignment or Attachment), Army Reserve Deployment Stabilization Statement, and an extract of Army Regulation 140-10, paragraph 7-12b.
CONSIDERATION OF EVIDENCE:
1. The applicant accepted a commission as a second lieutenant in the Regular Army on 22 April 1977. He was 24 years old at initial appointment.
2. His ARPC Form 249-E shows he:
a. was discharged on 29 September 1992 and was appointed in the U.S. Army Reserve (USAR) with assignment to a TPU;
b. earned 18 years, 5 months, and 8 days of qualifying service for retirement between 22 April 1977 and 29 September 1995;
c. accumulated membership points but had no qualifying years between
30 September 1995 and 22 December 2009; and
d. completed 32 years, 8 months, and 1 day of total commissioned service and upon completing his maximum authorized years of service as a lieutenant colonel, was transferred to the Retired Reserve on 23 December 2009.
3. He provided a copy of his DA Form 4651, dated 18 January 2009, that shows he volunteered for assignment to U.S. Army Japan Support Unit, Honolulu, HI and a deployment stabilization statement for the same unit.
4. Title 10, U.S. Code, chapter 1223 (Retired Pay for Non-Regular Service), section 12731 (Age and Service Requirements) provides that upon application, a person is entitled to retired pay if he/she is age 60 and has performed at least
20 years of qualifying service. While a qualifying year is determined to be a year in which a minimum of 50 retirement points have been credited for a reservist, it is a full year (365 or 366 days, as applicable) for a member of the Regular Army.
5. Army Regulation 140-10, chapter 7-2, provides that lieutenant colonels will be discharged or transferred to the Retired Reserve 30 days after the completion of 28 years of commissioned service if under age 25 at initial appointment.
6. Further, officers having 18 or 19 years of qualifying Federal service for retired pay will not be removed without their consent. Officers who meet this criterion on the date removal is required will be retained to complete 20 years. Retained officers will be informed they must notify the appropriate authority when the service is completed. Retention is authorized until the earlier of these dates:
a. the date on which 20 years of qualifying Federal service for retired pay is completed, or
b. three years from required removal date. Applies to officers having at least 18 but less than 19 years of qualifying service, or
c. two years from required removal date. Applies to officers having at least 19 but less that 20 years of qualifying service.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was unable to serve as an IMA or hold a TPU position because his civilian job required him to travel and change projects too often. The evidence shows he completed over 32 years of commissioned service and he accumulated no qualifying years in the 14 years prior to his transfer to the Retired Reserve on 23 December 2009.
2. Records show the applicant was 24 years old on the date of appointment and he reached his mandatory release date on 21 April 2005. Regulatory guidance requires that lieutenant colonels under 25 years old at their initial appointment be discharged or transferred to the Retired Reserve after completing 28 years of commissioned service. Further, officers with at least 18 years but less than
19 years of qualifying service will be transferred 3 years after the required removal date. His records show he was extended beyond both of these milestone dates.
3. In view of the forgoing, there is no basis for granting the applicant's 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.
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