BOARD DATE: 13 December 2011
DOCKET NUMBER: AR20110011885
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 record to show he was discharged from the Regular Army and transferred to the Retired Reserve in order to be eligible for retired pay at age 60.
2. He states:
* he was assigned to the Puerto Rico Army National Guard (PRARNG) for over 20 years before he entered active duty in September 2006
* he received his Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter) then he decided to return to active duty
* once he completed his active duty time, he was discharged instead of being retired
* he desires to be transferred to the Retired Reserve so he can begin receiving retired pay at age 60
3. He provides:
* his DD Form 214 for the period ending 20 September 2009
* Orders 203-0009, issued by Headquarters, 3rd Infantry Division, Fort Stewart, GA, dated 22 July 2009
* his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending 20 September 2006
* Orders 204-514, issued by the Puerto Rico National Guard Element, Joint Forces Headquarters, San Juan, PR, dated 23 July 2007
* 20-Year Letter, dated 2 February 2004
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 5 April 1963. He enlisted in the PRARNG on 29 September 1987.
2. He was ordered to active duty on 14 February 2003 in support of Operation Noble Eagle and he was honorably released from active duty on 14 January 2004 at the completion of his required active service. His DD Form 214 for the period ending 14 January 2004 shows he completed 11 months and 1 day of net active service this period and 3 years, 11 months, and 24 days total prior active service.
3. He was issued his 20-Year Letter on 2 February 2004.
4. His NGB Form 22 shows he was honorably discharged from the PRARNG and as a Reserve of the Army on 20 September 2006. He provided Orders
204-514, dated 23 July 2007, that shows he was discharged from the Army National Guard and as a Reserve of the Army, effective 20 September 2006. He completed 26 years, 3 months, and 12 days for pay and 23 years and 6 days total service for retired pay.
5. He enlisted in the Regular Army (RA) on 21 September 2006 and was honorably discharged on 20 September 2009 under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 4 at the completion of his required active service.
6. He provided a copy of Orders 203-0009, dated 22 July 2009, that shows he was reassigned to the U.S. Army Transition Center, Fort Stewart, with a reporting date and date of discharge of 20 September 2009.
7. His DD Form 214 for the period ending 20 September 2009 shows in:
* Item 9 (Command To Which Transferred) the entry N/A
* item 12c (Net Active Service This Period) the entry 3 years
* item 12d (Total Prior Active Service) the entry 3 years, 11 months, and
24 days
* item 12d does not include his 11 months and 1 day of prior active service from 14 February 2003 through 14 January 2004
* item 23 (Type of Separation) the entry "Discharge"
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served in the PRARNG from 29 September 1987 through 20 September 2006. During this period, he completed a total of 4 years, 10 months, and 25 days of total prior active service.
2. At the time of his discharge from the PRARNG and as a Reserve of the Army on 20 September 2006, he had completed 23 years and 6 days of total service for retired pay.
3. The evidence of record also shows he served in the RA from 21 September 2006 through 20 September 2009, for a total of 3 years of active military service this period. He completed 7 years, 10 months, and 25 days creditable active service.
4. Since the applicant has received his 20-year letter and, therefore, is eligible for retired pay upon application at age 60, it would equitable to amend his records to show:
a. he was released from active duty on 20 September 2009;
b. he enlisted in the U.S. Army Reserve (USAR) Control Group (Reinforcement) on 21 September 2009; and
c. he was transferred to the Retired Reserve on 22 September 2009.
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 and National Guard records of the individual concerned be corrected by:
a. deleting from item 23 of his DD Form 214 for the period ending
20 September 2009 the entry "Discharge" and replacing it with the entry "Release from Active Duty";
b. showing he enlisted in the USAR Control Group (Reinforcement) on
21 September 2009; and
c. showing he was transferred to the Retired Reserve on 22 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) AR20110011885
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110011885
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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