IN THE CASE OF:	  

		BOARD DATE:	    3 April 2012

		DOCKET NUMBER:  AR20110019622 


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 reconsideration of his earlier request to be discharged from the Retired Reserve.

2.  The applicant states:

* his pay entry basic date is 19 August 1980 and he completed 30 years of active and inactive service on 18 August 2010
* his request to be discharged from the Retired Reserve was previously denied, but he was told he could reapply upon completing 30 years of active and inactive service
* he is fully aware that he will be credited with a maximum of 26 years of service for pay purposes
* he is also fully aware that once discharged from the Retired Reserve, he would have to return his military identification card and forfeit any related privileges
* in order to assist the Board in reaching a decision, he is enclosing an article that explains the difference between being discharged and being in the Retired Reserve

3.  Per telephonic conversation between the applicant and the case analyst on 8 March 2012, the applicant stated he has three reasons for this request:

* the transfer would not affect his longevity for pay purposes
* he does not use his military identification card
* 
he does not wish to be recalled in the event of full mobilization

4.  The applicant provides:

* article regarding Reserve retirement and qualifying points
* U.S. Army Reserve (USAR) Personnel Command (ARPC) Form 249-E (Chronological Statement of Retirement Points)
* 1980 DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States)
* DA Forms 2A and 2-1 (Personnel Qualification Record – Parts I and II)
* approved name change memorandum
* orders transferring him to the Retired Reserve

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080019191 on 7 May 2009.

2.  The applicant provides a new argument which was not previously reviewed by the ABCMR.  Therefore, it is considered new evidence and as such warrants consideration by the Board.

3.  The applicant's records show he was born on 20 March 1954.  He will reach 60 years of age on 20 March 2014.

4.  He enlisted in the USAR for 6 years under the Delayed Entry Program (DEP) on 19 August 1980.  He was discharged from the DEP 29 days later and enlisted in the Regular Army (RA) on 18 September 1980.

5.  He was honorably released from active duty on 17 September 1984 and he was transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligation.  He completed 4 years of creditable active service.

6.  He again enlisted in the RA on 27 February 1985.  He was honorably discharged on 29 September 1992 under the Voluntary Separation Incentive.  He completed 7 years, 7 months, and 3 days of active service during this period and 4 years of prior active service for a total of 11 years, 7 months, and 3 days of creditable active service.

7.  He enlisted in the USAR on 30 September 1992.  He served in the USAR through multiple extensions or reenlistments and he attained the rank/grade of master sergeant (MSG)/E-8.

8.  On 19 September 2001, the USAR Personnel Command issued the applicant his Notification of Eligibility for Retired Pay at Age 60 (20-year letter).  This letter notified him he had completed the required years of qualifying service and would be eligible for retired pay on application at age 60.

9.  On 17 March 2002, he reenlisted in the USAR for 6 years and assignment to a troop program unit (TPU).  He was assigned to the 1st Battalion, 363rd Regiment, 91st Division (Training Support), Dublin, CA.  The expiration of his term of service was established as 16 March 2008.

10.  On 10 September 2003, Headquarters, 91st Division (Training Support), published Orders 03-253-0003 releasing him from his current assignment and reassigning him to the Retired Reserve effective 10 September 2003.

11.  His ARPC Form 249-E, dated 26 October 2011, shows he completed 22 qualifying years of service toward non-Regular retirement.

12.  Army Regulation 135-178 (Enlisted Administrative Separations) sets policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of Army National Guard (ARNG) and USAR enlisted Soldiers for a variety of reasons.  Paragraph 15-1(i) provides for discharge from the Retired Reserve.  It states that a Soldier retired under the provisions of Title 10, U.S. Code, section 3914, may be discharged from the USAR Retired Reserve at the Soldier's request and on completion of 30 years of active and inactive service.  This discharge does not affect the Soldier's Army of the United States status on the Retired List.  Army Regulation 135-178 provides the following definitions:

	a.  "Active status" is the status of an ARNG or USAR member (commissioned officer, other than a commissioned warrant officer) who is not in the inactive ARNG, in the Standby Reserve (Inactive List), or in the Retired Reserve.

	b.  "Discharge" is complete severance from all military status gained by the enlistment concerned.

	c.  "Individual Ready Reserve (IRR)" is comprised of Soldiers who are assigned to the following USAR Ready Reserve Control Groups:  Annual Training, Reinforcement, DEP, Officer Active Duty Obligor, dual component, and Reserve Officers' Training Program.

	d.  "TPU" is a table of organization and equipment or table of distribution and allowances unit of the USAR which serves as a unit on mobilization or one that is assigned a mobilization mission.  The "unit" in this case is the largest separate unit prescribed by the table of organization and equipment or table of distribution and allowances.

	e.  "Selected Reserve" consists of those units and individuals in the Ready Reserve designated as so essential to initial wartime missions that they have priority over all other Reserves.  The Selected Reserve includes officers, warrant officers, and enlisted Soldiers who are members of the ARNG; members assigned to TPU's of the USAR; members serving on active duty (Title 10, U.S. Code, section 12301(d)) or full-time National Guard duty (Title 32 U.S. Code, section 502(f)) in an Active Guard Reserve status; or Individual Mobilization Augmentee (IMA) members.

13.  Army Regulation 140-10 (Army Reserve Assignments, Attachments, Details, and Transfers) prescribes policies, responsibilities, and procedures to assign, attach, detail, remove, or transfer USAR Soldiers.  Chapter 4 prescribes policy and procedures governing the voluntary or involuntary assignment, reassignment, or transfer of a Soldier to and from the various control groups.  Section III prescribes the policy and identifies the conditions governing the transfer or reassignment of enlisted Soldiers from the Selected, Standby, and Retired Reserve to an appropriate control group.

14.  Army Regulation 140-10, chapter 6 (Transfer to and from the Retired Reserve), provides for transfer from the Retired Reserve.  The criteria for transfer from the Retired Reserve to the Ready Reserve is based on the Soldier's status as noted in paragraphs 6-4(a) through 6-4(d).  Transfer is not authorized for Soldiers receiving retired pay unless the Secretary of the Army makes a special finding that their services are indispensable.  A Soldier who is not receiving retired pay and is otherwise qualified and not prohibited under paragraph 6-4(c) may be transferred to the IRR or to an appropriate TPU or IMA position vacancy. 
The transfer must be voluntary based on the Soldier's request.

	a.  If applying for a TPU assignment, the Retired Reserve Soldier must apply through the TPU commander.

	b.  For an IMA assignment, the Soldier must apply through the Commander, U.S. Army Human Resources Command, Fort Knox, KY.

	c.  For transfer to the IRR, the Soldier must apply through Commander, U.S. Army Human Resources Command.  If applying for a transfer to the IRR, the Soldier must be qualified for assignment to the IRR and available for deployment in the event of mobilization, have had a medical examination taken within the last year and reviewed by an Army surgeon, must be qualified for retention and meet the physical profile required for his or her specialty, must be fully qualified for immediate reenlistment, must meet the body fat standards, must not be receiving retired pay, must not be 60 years of age or older if in enlisted status, and must not have been removed from active status by board action or operation of law.

15.  Army Regulation 140-10, chapter 6 (Transfer to and from the Retired Reserve), paragraph 6-4 (Criteria for Transfer), states the criteria for transfer from the Retired Reserve to the Ready Reserve is based on the Soldier's status. 
A Soldier who is not receiving retired pay and is otherwise qualified may be transferred to the IRR or to an appropriate TPU or IMA position vacancy.  The transfer must be voluntary based on the Soldier's request.

16.  Chapter 7 (Removal from Active Status) states that Soldiers removed from active status will be discharged or transferred to the Retired Reserve (exceptions do not apply to the applicant).  Transfer to the Retired Reserve is authorized when requested by Soldiers who are eligible.  Paragraph 7-2 states that USAR TPU Soldiers will be removed when they complete the years of service in their respective grade (for MSG/E-8, 31 years).  This policy applies only to unit Soldiers who have completed 20 years of qualifying service for retired pay.  Soldiers who do not request transfer to the Retired Reserve or discharge will be assigned to the IRR.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant enlisted in the USAR under the DEP on 19 August 1980.

2.  He last reenlisted on 17 March 2002 for 6 years.  However, having completed 20 or more years of qualifying service and having received his 20-year letter the previous year, the applicant appears to have elected voluntary transfer to the Retired Reserve.  He served in the RA and USAR for a total of 22 years of qualifying service for non-Regular retirement and he was transferred to the Retired Reserve on 10 September 2003.

3.  He now requests to be discharged from the Retired Reserve based on having completed 30 years of active and inactive service as of 18 August 2010.  Although he reaches 60 years of age in 2014 and could apply for retired pay as early as 2013 – and although discharging him from the Retired Reserve could be interpreted as making him worse off – the applicant appears to be fully aware of his actions and he specifically requests to be honorably discharged.
4.  The regulation allows for the discharge of enlisted Soldiers from the Retired Reserve upon completing 30 years of active and inactive service.  Since he specifically requests such discharge and since there is no harm to the Army if the Board grants his specific request, he should be granted the requested relief.

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 amendment of the ABCMR's decision in Docket Number AR20080019191, dated 7 May 2009.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing the applicant orders honorably discharging him from the Retired Reserve effective 18 August 2010.



      __________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)                                         AR20110019622



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ABCMR Record of Proceedings (cont)                                         AR20110019622



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