BOARD DATE: 28 August 2012
DOCKET NUMBER: AR20120003770
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 1991 U.S. Army Reserve (USAR) discharge orders be revoked and that she be transferred to the Retired Reserve.
2. The applicant states that the Defense Enrollment Eligibility Reporting System must show her as retired in order to qualify for an identification card. She was discharged in 1991 after 20 years of service instead of being transferred to the Retired Reserve. She did not know her orders should have stated retired instead of discharged.
3. The applicant provides:
* Notification of Eligibility for Retired Pay at Age 60
* Orders 175-14, dated 24 June 1991
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 was born on 19 January 1952.
3. Having had prior enlisted service in the Regular Army, she enlisted in the USAR on 31 August 1973. She served through multiple extensions or reenlistments in a variety of assignments and she attained the rank of staff sergeant (SSG).
4. On 13 April 1991, the U.S. Army Reserve Personnel Center, St. Louis, MO, issued her a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter). This letter notified the applicant that she had completed the required years of service and would be eligible for retired pay upon application at age 60.
5. On 24 June 1991, Headquarters, Fourth U.S. Army and Fort Sheridan, Fort Sheridan, IL, published Orders 175-14, honorably discharging the applicant from the USAR. She had completed 21 years of qualifying service toward non-regular retirement.
6. The applicant's records do not show that she requested a transfer to the Retired Reserve.
7. On 3 August 2011, the U.S. Army Human Resources Command, St. Louis, MO, published Orders P08-949548 placing her on the retired list in her retired rank of E-6 effective 1 February 2012 (the first day of the month following her 60th birthday).
8. Army Regulation 135-178 (Enlisted Administrative Separations) prescribes policies and procedures for the separation of USAR enlisted Soldiers. Chapter 11 of this regulation specifies that upon expiration of the Soldier's term of enlistment, reenlistment, or period of statutorily obligated service, the Soldier will be discharged by the separation authority.
9. 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 in pertinent part 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. It also states in pertinent part, that an officer or enlisted Soldier who has accrued 20 years of qualifying service for retired pay is required to attain 50 points annually to be retained in an active status in the Selected Reserve, Individual Ready Reserve (IRR) or Standby Reserve (Active List) and an officer or enlisted Soldier who fails to attain 50 points by the anniversary of his or her retirement year ending date, will be removed from active status.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows that the applicant was issued a 20 Year Letter and completed 21 years of service for retirement. There is no evidence in the available records and she provides none to show she requested transfer to the Retired Reserve. She does not provide corroborating evidence of her contention that she did not know she had to request a transfer to the Retired Reserve.
2. The applicant was a senior SSG/E-6 at the time of her discharge. The applicant knew, or should have known, that a transfer to the Retired Reserve is not automatic and must be requested. She did not do that. She did not question her discharge status for 20 years. There is no evidence in the available records and the applicant did not provide substantiating evidence to show she requested transfer to the Retired Reserve.
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) AR20120003770
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ABCMR Record of Proceedings (cont) AR20120003770
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