IN THE CASE OF:
BOARD DATE: 7 June 2011
DOCKET NUMBER: AR20100026563
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, in effect, that his discharge be corrected to show he was transferred to the Retired Reserve.
2. The applicant states he was selected for removal by a qualitative retention board (QRB) after over 26 years of service, with 17 of those years on active duty.
He requested transfer to the Individual Ready Reserve (IRR) to finish his enlistment, but was not actually told he was transferred until 5 days prior to the expiration of his term of service (ETS).
3. The applicant provides a memorandum, dated 4 April 2009; Orders 153-032, dated 2 June 2009; his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service); Orders D-09-919354, dated 29 September 2009; and six DD Forms 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show that while serving in the New Mexico Army National Guard (NMARNG) in the rank of master sergeant/pay grade E-8, he extended his enlistment on 20 November 2006, establishing his ETS as 23 September 2009.
2. On 4 April 2009, he was sent a memorandum informing him he was not selected for retention by the QRB. He was advised he could request discharge, transfer to the IRR, or transfer to the Retired Reserve.
3. On 2 June 2009 in response to the applicant's election to transfer to the IRR, the NMARNG published orders transferring the applicant to the IRR effective 30 June 2009. The applicant was then given an NGB Form 22 which showed he had 27 years, 9 months, and 7 days of service for pay purposes and 26 years, 9 months, and 7 days of service for retired pay.
4. On 29 September 2009, the U.S. Army Human Resources Command (HRC) discharged the applicant.
5. In the processing of this case an advisory opinion was obtained from NGB. NGB chronicles the events that transpired in conjunction with the applicant's selection for removal by the QRB. NGB continues that Army Regulation 140-10 (Army Reserve Assignments, Attachments, Details, and Transfers), paragraph
4-8, states a Soldier should not be given the option to transfer to the IRR within 3 months of his or her ETS. Since the applicant was within 3 months of his ETS when he was transferred to the IRR, he should not have been given that option. NGB recommends approval of the applicant's request.
6. Army Regulation 140-10, paragraph 4-8, states that a Soldier who has less than 3 months remaining on a statutory or contractual military service obligation, whichever expires later, will not be transferred or reassigned to the IRR (including an unsatisfactory participant). The Soldier will be discharged on ETS.
DISCUSSION AND CONCLUSIONS:
1. The applicant was transferred to the IRR effective 30 June 2009 and his ETS was 23 September 2009. As such, he was erroneously transferred to the IRR since he was within 3 months of his ETS
2. As a master sergeant/E-8 with 27 years of service, it must be presumed that he would have elected to be transferred to the Retired Reserve to continue his military affiliation.
4. Therefore, it would be appropriate to correct the applicant's records to show he was transferred to the Retired Reserve at his ETS.
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 Department of the Army records of the individual concerned be corrected by:
a. Revoking Orders D-09-919354 dated 29 September 2009; and
b. Publishing orders transferring him to the Retired Reserve effective 23 September 2009.
____________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) AR20100026563
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ABCMR Record of Proceedings (cont) AR20100026563
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