BOARD DATE: 31 January 2012
DOCKET NUMBER: AR20110012904
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 her discharge be revoked and that she be transferred to the Retired Reserve.
2. The applicant states when she received her 20 Year Letter, she assumed she would automatically be transferred into the Retired Reserve after being discharged. She was not aware that she needed to request to be transferred into the Retired Reserve before being discharged. She contends she should have been transferred to the Retired Reserve.
3. The applicant provides:
* 20 Year Letter
* ARPC Form 249-E (U.S. Army Reserve (USAR) Personnel Command Chronological Statement of Retirement Points)
* discharge orders
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 applicants 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 applicants 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 military records show she was born on 17 May 1961. She enlisted in the Regular Army on 22 October 1980 and served until she was honorably released from active duty on 28 October 1983 and transferred to USAR Control Group (Reinforcement). She continued to serve in the USAR through a series of continuous reenlistments. She was promoted to sergeant (SGT/E-5) effective 3 May 1987.
3. On 23 March 2000, the Director, Personnel Actions and Services, USAR Personnel Command, St. Louis, MO notified the applicant that she had completed the required years of service to be eligible for retired pay at age 60 (20-Year Letter).
4. Orders D-11-246657, published by USAR Personnel Command, St. Louis, MO, on 26 November 2002 discharged the applicant from the USAR Control Group (Reinforcement), with an effective date of 26 November 2002, in the rank of SGT.
5. There is no evidence to show that the applicant applied for transfer to the Retired Reserve.
6. Army Regulation 140-10 (Assignments, Attachments, Details, and Transfers) sets forth the basic authority for the assignment, attachment, detail, and transfer of USAR Soldiers. Chapter 7 of the regulation relates to the removal of Soldiers from an active status and states that Soldiers removed from an active status will be discharged or, if qualified and if they so request, will be transferred to the Retired Reserve.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows that the applicant was issued a 20 Year Letter and completed over 20 years of qualifying service for retirement.
2. The applicant contends that she was placed in the wrong category when she retired and that her current status of discharged should be changed to Retired Reserve.
3. The applicant was provided orders on 26 November 2002 discharging her from the USAR in accordance with the provisions of Army Regulation 135-178.
4. There is no evidence in the available records to show that the applicant requested transfer to the Retired Reserve. Doing so would have required her to maintain a reserve status and would have made her subject to recall in support of the Global War on Terrorism. She did not elect to enter Retired Reserve status in a timely manner; therefore, she is not entitled to have her discharge order revoked.
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) AR20110012904
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ABCMR Record of Proceedings (cont) AR20110012904
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