BOARD DATE: 10 January 2013
DOCKET NUMBER: AR20120009985
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, his Army National Guard (ARNG) discharge orders be revoked and he be transferred to the Retired Reserve.
2. The applicant states:
* He wants to be placed into the Retired Reserve
* He is not sure why he was not placed in the Retired Reserve at the time of his retirement in 2010
3. The applicant provides:
* U.S. Army Reserve (USAR) discharge orders, dated 7 September 2010
* ARNG discharge orders, dated 3 June 2010
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 27 July 1953. Having prior service in the ARNG, he enlisted in the ARNG on 4 September 2002. He was promoted to master sergeant on 1 December 2004.
2. His Notification of Eligibility for Retired Pay at Age 60 (20-year letter) is dated 24 September 2009.
3. His request for discharge is not available. However, his nonselection for retention letter, dated 7 April 2010, states "Upon discharge from the Army National Guard, you will become a member of either the Retired Reserve or USAR Control Group (Reinforcement), based upon your previous election."
4. Orders, dated 3 June 2010, show he was honorably discharged from the ARNG on 31 July 2010 and assigned to the USAR Control Group (Reinforcement) on 1 August 2010.
5. Item 9 (Command to Which Transferred) of his NGB Form 22 shows he was transferred to the USAR Control Group (Reinforcement).
6. Orders, dated 7 September 2010, show he was honorably discharged from the USAR effective 7 September 2010.
7. He was issued orders that show he was placed on the Retired List on 27 April 2012.
8. Army Regulation 140-10 (Army Reserve Assignments, Attachments, Details, and Transfers) states that eligible Soldiers must request transfer/assignment to the Retired Reserve.
DISCUSSION AND CONCLUSIONS:
1. Evidence shows he was honorably discharged from the ARNG on 31 July 2010 and assigned to the USAR Control Group (Reinforcement) on 1 August 2010.
2. In the absence of evidence to the contrary, such as his request for transfer to the Retired Reserve, it must be presumed that his request for discharge from the ARNG was properly processed. Therefore, there is no basis for granting the applicant's request.
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) AR20120009985
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