IN THE CASE OF:
BOARD DATE: 5 February 2013
DOCKET NUMBER: AR20120012397
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 correction of his Army National Guard (ARNG) discharge orders to show he was transferred to the Retired Reserve vice discharged.
2. The applicant states he did not receive his 20-year letter until March 2011 after he was discharged. He was not given the opportunity to elect his retired status as he was unfamiliar with the discharge and retirement process. He thought his retirement status would automatically be updated once he reached 20 qualifying years of service.
3. The applicant provides his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), ARNG discharge orders, and his 20-year letter with attachments.
CONSIDERATION OF EVIDENCE:
1. Having prior Active and Reserve Component service, the applicant enlisted in the District of Columbia ARNG on 10 November 2008. He was assigned to the 74th Troop Command, Washington, DC.
2. Orders 257-007, dated 14 September 2009, issued by Joint Force Headquarters, District of Columbia National Guard, discharged him from the ARNG and as a Reserve of the Army effective 9 October 2009.
3. The NGB Form 22 he was issued for this period of service shows he was honorably released from his ARNG unit by reason of "discharge and transfer to the Retired Reserve." This form also shows he had 11 years, 9 months, and 17 days of prior Reserve service and 8 years, 7 months, and 25 days of prior active service, for a total of 21 years, 5 months, and 12 days of service for retired pay.
4. The applicant provides a memorandum issued by Joint Force Headquarters, District of Columbia National Guard, dated 20 January 2011, subject: Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter), notifying him that he had completed the required years of service and he would be eligible for retired pay upon application at age 60.
5. 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.
6. Chapter 6 of this regulation provides for the transfer to and from the Retired Reserve. Paragraph 6-1 (Eligibility) states that assignment to the Retired Reserve is authorized and that eligible Soldiers must request a transfer to the Retired Reserve if they met the criteria for such a transfer. Paragraph 6-4 states the criteria for transfer from the Retired Reserve to the Ready Reserve is based on the Soldier's status.
7. Chapter 7 of this regulation provides for the removal from active status and states that Soldiers removed from active status will be discharged or transferred to the Retired Reserve (with exceptions that do not apply to the applicant). Transfer to the Retired Reserve is authorized when requested by Soldiers who are eligible.
DISCUSSION AND CONCLUSIONS:
1. The governing regulation states Soldiers removed from an active Reserve status will be discharged or transferred to the Retired Reserve. Transfer to the Retired Reserve is authorized when requested by Soldiers who are eligible. The applicant contends he was not aware of the requirement to request transfer to the Retired Reserve vice discharge as he had not received his 20-year letter. This contention is supported by the fact that his 20-year letter was not issued until 20 January 2011.
2. In addition, his NGB Form 22 confirms he was honorably released from the ARNG on 9 October 2009 and transferred to the Retired Reserve. Therefore, it would be appropriate to amend Orders 257-007 to show he was reassigned from his ARNG unit and assigned to the Retired Reserve effective 10 October 2009.
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 Orders 257-007, dated 14 September 2009, to show he was reassigned from his ARNG unit on 9 October 2009 and assigned to the Retired Reserve effective 10 October 2009.
____________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) AR20120012397
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ABCMR Record of Proceedings (cont) AR20120012397
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