IN THE CASE OF:
BOARD DATE: 3 January 2013
DOCKET NUMBER: AR20120009991
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 from the U.S. Army Reserve (USAR) be voided, that she be issued a 20-year letter, and that she be allowed to apply for non-Regular retirement.
2. The applicant states she was granted sanctuary and her mandatory removal date (MRD) was extended so as to allow her to reach retirement eligibility. However, she was discharged from the USAR on 31 May 2012, just 17 days short of completing her 20th year.
3. The applicant provides an email from the Vice Chief of Staff of the Army (VCSA) granting her an extension of her MRD.
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 5 May 1950. She was commissioned as a USAR first lieutenant in the Army Nurse Corps on 18 June 1992 with concurrent call to active duty. She was honorably released from active duty on 15 August 1997 and was transferred to a USAR troop program unit. She was promoted to the rank of lieutenant colonel on 21 October 2008.
2. On 22 June 2010, the U.S. Army Human Resources Command (HRC) denied the applicant's request for retention beyond her MRD and orders were published by HRC on 3 September 2010 discharging her from the USAR effective 24 August 2010. However, those orders were revoked on 1 October 2010.
3. On 20 September 2010, the VCSA sent an email to the applicant advising her that officials at HRC had determined that she had reached sanctuary and should have been granted an MRD extension. Accordingly, her discharge orders would be revoked and she would be granted an extension to 31 May 2012.
4. On 11 May 2012, orders were published by HRC discharging the applicant from the USAR effective 31 May 2012. However, the applicant had only completed 19 years, 11 months, and 14 days of creditable service. Her chronological statement of retirement points shows she had creditable years for every year except the last one, which was 17 days short of a full year. However, she had sufficient points (84) to qualify for a creditable year.
5. Title 10, U.S. Code, section 1251 states that, as a general rule, each regular commissioned officer serving in a grade below brigadier general shall be retired on the first day of the month following the month in which the officer becomes 62 years of age. In pertinent part, it also states the Secretary of the military department concerned may defer the retirement of an officer in the Army Nurse Corps, but not beyond the first day of the month following the month in which the officer becomes 68 years of age.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to have her discharge voided so as to qualify her for non-Regular retirement has been noted and appears to have merit.
2. It is apparent that when the applicant was notified her MRD was being extended because she had reached sanctuary, it was extended for the express purpose of allowing her to qualify for non-Regular retirement. However, it is also apparent that when her MRD was extended to 31 May 2012 it did not serve the purpose of allowing her to reach retirement eligibility.
3. Her records show that since the date of her commissioning she has continued to serve and has been credited with qualifying years for retirement every year except her last year and then only because of the MRD that was established as 31 May 2012.
4. Although her records do not explain why 31 May 2012 was the established MRD, it did not meet the intent of allowing her to reach retirement eligibility and unjustly caused her to serve an additional 1 year, 8 months, and 27 days with no way of completing a full qualifying year for retirement.
5. Therefore, as a matter of justice and equity, her discharge should be amended to show she was honorably separated on 18 June 2012 and transferred to the Retired Reserve, that she was issued a 20-year letter, allowing her to be apply and be eligible for non-Regular retirement.
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 a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending her 11 May 2012 discharge orders to show she was separated on 18 June 2012 and transferred to the Retired Reserve and issuing her a 20-year letter, allowing her to apply for non-Regular retirement.
____________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) AR20120009991
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120009991
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090019828
In May 2001, the applicant was granted a two-year extension based on the needs of the service, which adjusted her MRD to 31 May 2003. Unfortunately, she is now age 69 and has been without a military status for 7 years and by law is now well past the maximum retention age. Regrettably, the applicant is not entitled to be extended past her MRD of 16 June 2003 or retention in the USAR in order to qualify for retired pay and benefits.
ARMY | BCMR | CY2003 | 2003087893C070212
The applicant provides: The applicant's records contains an advisory opinion from the Chief, Transitions and Separations Branch, AR-PERSCOM, dated 2 June 2003, which states, in essence, that the applicant was honorably discharged from the USAR effective 1 April 2003, per Letter Order Number D-03-312931, dated 26 March 2003. On 30 January 2004, AR-PERSCOM informed the staff of the Board that the applicant was denied selection for promotion to Lieutenant Colonel in 2002 due to civilian...
ARMY | BCMR | CY2014 | 20140012378
On 3 October 2011, the National Guard Bureau granted the Virginia Adjutant General's request for the applicant's retention beyond her MRD of 31 January 2012 (28 years service) until 31 July 2014 (age 60), under the provisions of Title 10, United States Code (USC) section 14703 and National Guard Regulation 635-100 (Personnel Separations - Termination of Appointment and Withdrawal of Federal Recognition). Title 10 USC, section 14515 (Discharge or Retirement for Age), states that each Reserve...
ARMY | BCMR | CY2007 | 20070016101
It states that each reserve officer of the Army, Navy, Air Force, or Marine Corps who is in an active status or on an inactive-status list and who reaches the maximum age specified in section 14509, 14510, 14511, or 14512 of this title for the officers grade or position shall (unless the officer is sooner separated or the officers separation is deferred or the officer is continued in an active status under another provision of law) not later than the last day of the month in which the...
ARMY | BCMR | CY2002 | 2002074577C070403
The applicant’s military records show that on 7 December 1982, she was commissioned a second lieutenant (2LT) in the Army Nurse Corps (ANC) of the United States Army Reserve (USAR), and that she is currently assigned to the Retired Reserve and is receiving retired pay. By regulation, Retired Reserve members who were removed from active status are ineligible for consideration for promotion to the next higher grade. The evidence of record confirms that the applicant was selected for...
ARMY | BCMR | CY2015 | 20150009774
The applicant requests correction of her records to show she completed 20 qualifying years of service and is entitled to receive a non-regular Reserve retirement. The applicant provides a self-authored letter requesting an extension to satisfy the requirement to reach 20 good years of service for a USAR retirement, but it was denied by HRC. The HRC has indicated that she is not eligible to receive a 20-year letter and is not eligible for retired pay at age 60 since her corrected retirement...
ARMY | BCMR | CY2015 | 20150001599
The applicant requests: * the Board finds that he was improperly discharged from the U.S. Army Reserve (USAR) in 2007 * adjustment of his mandatory removal date (MRD) to reflect the breaks in service * restoration of his highest rank achieved, lieutenant colonel (LTC), and that he be allowed to continue to serve in that capacity until mandatory retirement at age 60 * service credit in the rank of LTC retroactive to the date of his enlistment on 21 February 2014 2. On 3 April 2013, by email,...
ARMY | BCMR | CY2013 | 20130003421
The applicant requests the following: * Revocation of her retirement orders * Reinstatement on the Reserve Active Status List (RASL) * Promotion consideration to lieutenant colonel (LTC) by a Special Selection Board (SSB) 2. Continuation for CPT and MAJ will normally be for 3 years from the approval date of the selective continuation board by which the officer is recommended for continuation. If selected, her records should be corrected to show she was continued in the Reserve until she...
ARMY | BCMR | CY2001 | 2001056476C070420
In the opinion of the Board, the e-mail, dated 9 August 1999, the fact that the applicant was promoted to major on 31 August 1999, and the actions taken by unit officials as a result gave the applicant the reasonable impression that her extension had been approved. Thus, the Board concludes that it would be appropriate that the applicant’s promotion to major be considered valid and that all service she performed after reaching her MRD at age 60, up until 16 October 2000, be creditable for...
ARMY | BCMR | CY2012 | 20120022573
The applicant requests correction of her military records to show she completed 20 years of service for a Reserve Component (RC) retirement. Her ARPC Form 249-E (Chronological Statement of Retirement Points), dated 8 January 2013, shows she completed 17 qualifying years for retired pay. It states that a major on the Reserve Active Status List (RASL) who has failed of selection for promotion to lieutenant colonel a second time and whose name is not on a list of officers recommended for...