IN THE CASE OF:
BOARD DATE: 7 April 2011
DOCKET NUMBER: AR20100020919
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 her U.S. Army Reserve (USAR) status be changed from "Discharged" to "Retired Reserve."
2. The applicant states, in effect:
a. she requested to be transferred to the Retired Reserve in lieu of discharge, but she was discharged instead and needs her status changed from "Y-Archived/Discharged to R-Retired Reserve";
b. an administrative error was confirmed by the U.S. Army Human Resources Command (HRC) in an email, dated 15 July 2010;
c. she discussed the issue with numerous HRC personnel to include her branch manager and she was informed that she must submit her request to this Board due to the amount of time that has passed;
d. she served her country for over 20 years and believes her retirement should not be penalized due to an administrative error; and
e. she was not aware of the error until recently.
3. The applicant provides:
* a copy of her Notification of Eligibility for Retired Pay at Age 60 (20-year letter)
* five pages of email messages
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 she was commissioned in the USAR on 9 June 1988. She continued to serve in a variety of positions and was advanced through the commissioned officer ranks culminating in the rank of major.
3. Her record contains a Request for Reserve Component Assignment or Attachment, dated 1 September 2005, which shows she submitted a request for voluntary retirement and also requested to be transferred to the Retired Reserve effective 1 October 2005.
4. Her record contains a memorandum from the G-1, Headquarters, 5137th U.S. Army Corps (Reinforcement), St. Louis, MO, dated 1 September 2005, subject: Transfer to Retired Reserve [Applicant], to the Commander, HRC, requesting that she be relieved from the attached unit and transferred to the Retired Reserve effective 1 October 2005.
5. On 29 September 2005, HRC issued her a 20-year letter. This letter informed her she had completed the required years of service and would be eligible for retired pay upon application at age 60.
6. Orders D-04-608738 issued by HRC, dated 4 April 2006, show she was discharged from the USAR effective 4 April 2006.
7. She submitted four pages of email traffic between herself and HRC, dated 3 May to 19 July 2010, which state:
a. she was told she was not transferred into the Retired Reserve due to a mix up in her record and her being issued mobilization orders after submitting her retirement request;
b. her request for transfer to the Retired Reserve was approved based on the fact she had her 20-year letter and had submitted her retirement papers prior to the issuance of the mobilization order;
c. the Officer Personnel Division Logistics Career Manager stated:
(1) she clearly should have been transferred to the Retired Reserve because she had 20 years of service, requested transfer to the Retired Reserve prior to mobilization orders being published; and
(2) had completed her mandatory service obligation, had not made an election to remain in the Individual Ready Reserve (IRR), and had been afforded the opportunity to resign or request transfer to the Retired Reserve even after mobilization orders were published.
d. The Delay and Exemption (D&E) Team Chief stated she had submitted two exemption cases and that:
(1) In accordance with Department of Defense Directive (DODD) 1235.13 (Management of IRR and Inactive Guard), she was past her mandatory service obligation, had not made an election to remain in the Individual Ready Reserve, and was afforded the opportunity to resign or request transfer to the Retired Reserve even after mobilization orders were published.
(2) "The first case says: board recommend - exemption disapproved, board reason rule - administrative reasons, decision current organization (CURRORG) code - Discharge (Y) - then Commander Decision Code - Exemption withdrawn."
(3) "The second case says: board recommend - exemption approved, board reason rule administrative reasons, decision CURORG - USAR Retired Reserves (R) -- then Commander Decision Code - Exemption approved."
(4) "Also, even though [D&E Team] don't have a copy of her case anymore the request memo that all Soldier's sign says, 'If I am eligible, I request transfer to the Retired Reserve in lieu of discharge'"; and
(5) She was erroneously discharged and should have been transferred to the Retired Reserve.
e. The Personnel Actions Branch Chief and the D&E Team Chief conferred on her case and determined:
(1) too much time had elapsed since her discharge and subsequent request for transfer and discharge effective 4 April 2006;
(2) She was erroneously transferred during the D&E process to the wrong "CURRORG code" (Y instead of R); however, they can no longer effect a correction to her record; and
(3) she should submit a request to the ABCMR to have her status changed from Y to R.
8. DODD 1235.13 states that officers who have fulfilled their mandatory service obligation and have not taken action to elect to remain in the IRR shall be advised of the requirement to remove them from the military.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that her record should be corrected to show she was transferred to the Retired Reserve was found to have merit.
2. The evidence of record shows HRC approved the applicant's request for retirement and directed that her status be changed to CURRORG-USAR Retired Reserve (R). However, she was erroneously discharged from the USAR on 4 April 2006.
3. The evidence of record shows the HRC Personnel Actions Branch Chief and the D&E Team Chief state she was retired, but her CURRORG code needs to be changed from "Y" to "R." Therefore, her record should to be corrected to show her CURRORG code as "R."
BOARD VOTE:
___X____ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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. by voiding her discharge effective 4 April 2006;
b. by showing she was transferred to the USAR Control Group (Retired Reserve) effective 4 April 2006; and
c. changing her CURRORG code to Retired Reserve (R).
__________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) AR20100020919
5
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