IN THE CASE OF:	  

		BOARD DATE:	  4 February 2014

		DOCKET NUMBER:  AR20130009772 


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, a change to her retirement date from the Oregon Army National Guard (ORARNG) from 30 November 2012 to June 2015.

2.  The applicant states:

   a.  She is an active duty Army National Guard Soldier.  The ORARNG selected her for the Sergeant Major (SGM) Academy.  She signed paperwork stating that she would serve for 3 additional years at the completion of the academy.  In January 2012, the ORARNG decided she needed to retire, but she was still required to complete the academy.  At the completion of the academy in June 2012, she was told her retirement would be in 2012.

   b.  The State SGM stated that she should apply to the Board if she owed 3 more years and was retired early.  Her retirement date should be in June 2015. She was advised the Board could change her retirement date and she should be compensated monetarily by the ORARNG.  She feels the ORARNG owes her.

3.  The applicant provides:

* A Non-retention for Continued Service on the Calendar Year 2012, ORARNG Enlisted Active Guard Reserve (AGR) Active Service Management Board (ASMB) memorandum
* Orders Number 097-040 (initiated and corrected copies)
* DA Form 1059 (Service School Academic Evaluation Report)
* Orders Number 331-011
* DD Form 214 (Certificate of Release or Discharge from Active Duty) 
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)

CONSIDERATION OF EVIDENCE:

1.  The applicant was born in January 1969.  She enlisted in the ORARNG on 29 July 1987 and she held military occupational specialty 92Z (senior noncommissioned logistician).  She served through multiple reenlistments in a variety of assignments. 

2.  On 3 August 2007, she was issued a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter) which advised her of her completion of the required years of service.

3.  She was promoted to SGM on 2 October 2009.  

4.  She entered active duty in an AGR status on 29 May 2010.  She entered the SGM Academy on 2 August 2010.

5.  She provided copies of the following:

   a.  A Non-retention for Continued Service on the Calendar Year 2012, ORARNG Enlisted AGR ASMB memorandum, dated 6 February 2012, wherein The Adjutant General (TAG) advised her of the following:

		(1)  An ASMB convened 10-11 January 2012 and her records were reviewed and she had been selected for release from the AGR Program;

		(2)  Under the provisions of the ASMB, a Soldier who is selected for release will be released from the AGR Program 9 months or upon reaching 20 years of active service (whichever is later) from the date of this memorandum. Soldiers who have reached 18 years of active service (sanctuary) may not be discharged, denied reenlistment, or transferred from an active status without the member's consent prior to the date on which the member is entitled to be credited with 20 years of active service.  Soldiers with more than 20 years of active service will not be retained in the AGR Program beyond their retention control point, mandatory retirement age, or 9 months from the date of this memorandum.  Accordingly, not later than 30 November 2012, she will be released from the AGR Program and transferred to the status she elected in accordance with the options provided in the following paragraphs; 


		(3)  She must notify the AGR Manager within 30 days of receipt of this memorandum of her decision on the following options:  Return to traditional drilling status; apply for retirement (retirement election forms must be completed within 30 days of receipt of this memorandum); or transfer to the Army Reserve (troop program unit, individual mobilization augmentee, or individual ready reserve).

		(4)  Separation from the AGR Program as a result of the ASMB is considered an involuntary separation for retirement purposes;

		(5)  TAG assured her that the board discharged its duties in a thorough and impartial manner.  The character of her service had been honorable and this is reflected in her records.  There is no appeal process or a second look associated with the results of this board.  Results of this board are directed by the needs of the Army.  Members who are released involuntarily are not considered to be ineffective or substandard in duty performance.  In accordance with Army Regulation 135-18 (ARNG and Army Reserve, AGR Program), she may be eligible to reapply to the AGR Program at a future date; and 

		(6)  Her many personal sacrifices to the ARNG and the AGR Program are sincerely appreciated.  She should take pride in having contributed to the success of the ARNG as a viable force capable of meeting today's challenges.

   b.  Orders Number 097-40 (corrected copy), issued by the ORARNG on 6 April 2012, reassigned her to the transition center for a scheduled separation date of 30 November 2012, released her from active duty, and placed her on the Retired List in the retired grade of SGM on 1 December 2012.

   c.  A DA Form 1059, dated 19 June 2012, which shows she completed the SGM Course at the SGM Academy on the same date.

   d.  Orders Number 331-011, issued by the ORARNG, on 26 November 2012, discharging her from the ORARNG on 30 November 2012 and transferring her to the Retired Reserve.

   e.  A DD Form 214 which shows she was honorably retired on 30 November 2012 and was transferred to the Retired Reserve.  She was credited with completion of 2 years, 6 months, and 2 days of net active service during the period under review and a total of 22 years, 11 months, and 5 days of active service.

   f.  An NGB Form 22 which shows she was released from the ORARNG on 30 November 2012, under the provisions of National Guard Regulation 600-200 (Enlisted Personnel Management), paragraph 6-36r, and was transferred to the Retired Reserve.  She was credited with completion of 25 years, 4 months, and 2 days of total service for retired pay.

6.  Her ARNG Current Annual Statement, prepared on 5 December 2012, shows she was credited with 25 years, 4 months, and 2 day of qualifying service for retired pay ending on 30 November 2012.

7.  Army Regulation 135-18 prescribes the policy and procedures for the administration of the AGR Program.  The regulation states in:

   a.  Paragraph 2-6 - AGR Soldiers will be ordered to active duty for an initial 3-year period.  A Soldier will be stabilized during the initial period of duty in the AGR Program, except for the needs of the Service as determined by NGB or the Office of the Chief, Army Reserve.  Subsequent enlisted Soldier periods of duty will not exceed the terms of the Soldier’s enlistment or reenlistment agreement, or an extension of an enlistment or reenlistment agreement per National Guard Regulation 600-200.

   b.  Paragraph 4-6 - Enlisted Soldiers will be qualitatively considered for retention in the AGR Program.  Enlisted Soldiers selected for removal from AGR status by a qualitative board will be released from active duty, or discharged, according to applicable regulations. 

   c.  Paragraph 4-7d - All enlisted Soldiers will be released on achieving the retention control points for their grade (regardless of availability of controlled grade).

8.  National Guard Regulation 600-200 establishes standards, policies, and procedures for the management of ARNG enlisted Soldiers.  The regulation states in paragraph 6-36r a Soldier will be separated from the State ARNG when not selected for retention by a qualitative retention board and the Soldier elects to be reassigned to the USAR Control Group (Reinforcement) or the Retired Reserve. 

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant was considered and selected for release from the AGR program upon reaching more than 20 years of active service with the options of either returning to drilling status, applying for retirement, or being transferred to the Army Reserve.  She was advised that there was no appeal process or a second look associated with the results of that board and the board results were directed by the needs of the Army.  
2.  It appears she elected to be retired.  Accordingly, she was released from the AGR program and was honorably retired from the ORARNG on 30 November 2012 in accordance with the applicable regulation which specified her separation when not selected for retention.  She was credited with completing over 22 years of active service.

3.  The applicant's contentions and documentation she submitted were carefully considered.  However, without evidence to the contrary, it appears her administrative separation from the ORARNG in November 2012 was accomplished in compliance with applicable regulations with no procedural errors which would tend to jeopardize her rights.  She was properly discharged in accordance with pertinent regulations with due process.  There is neither an error nor an injustice.  As such, there is insufficient evidence to grant her the requested relief.

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)                                         AR20130009772



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ABCMR Record of Proceedings (cont)                                         AR20130009772



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