IN THE CASE OF:
BOARD DATE: 13 May 2014
DOCKET NUMBER: AR20130014445
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 Orders 11-069-00005, issued by Headquarters, 99th Regional Support Command, dated 10 March 2011, be amended to show she was placed in the Retired Reserve instead of discharged.
2. The applicant states she has been working with the U.S. Army Human Resources Command (HRC) and the Defense Finance and Accounting Service (DFAS) for the past couple of years to correct her retirement points.
3. The applicant provides:
* Orders 11-069-00005
* Twenty-Year Letter
* 3 ARPC Forms 249-2-E (Chronological Statement of Retirement Points)
* 3 letters
* ARPC Form 249-1-R (Request for Correction of Chronological Statement of Retirement Points for U.S. Army Reserve (USAR) Troop Program Unit Soldiers)
* an Information Paper
* 13 Leave and Earnings Statements
* 3 Miscellaneous Finance Forms
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 12 October 1970. She enlisted in the USAR on
3 February 1989. She remained in the Reserve through subsequent reenlistments and/or extensions. Orders 11-069-00005, dated 10 March 2011, discharged the applicant from the USAR effective 24 May 2011.
2. The applicant provides an ARPC Form 249-E, dated 28 January 2013, that shows she had 18 years and 15 days of qualifying service for retirement.
3. She further provides evidence and her record contains evidence which shows she was corresponding with HRC and DFAS to correct her retirement points.
4. On 3 July 2013, she was notified of her eligibility for retired pay at age 60.
5. The applicant provides and her record contains an ARPC Form 249-2-E, dated 6 September 2013, which shows she has 20 years, 3 months, and 22 days of qualifying service for retirement.
6. There are no documents in the applicant's records pertaining to a request or an election form to be transferred to the Retired Reserve.
7. Army Regulation 135-180 (Army National Guard and Army Reserve-Qualifying Service for Retired Pay Nonregular Service), paragraph 2-1a indicates that to be eligible for retired pay, an individual does not need to have a military status at the time of application for retired pay, but must have attained age 60 and completed a minimum of 20 years of qualifying service.
8. The same regulation further states, in pertinent part, that each RC Soldier who completes the service required to be eligible for retired pay at age 60 will be notified in writing with a 20-year letter within 1 year after he/she completes the service.
9. 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.
a. 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.
b. Chapter 6 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 meet the criteria for such a transfer.
c. Chapter 7 provides for the removal from active status and states that Soldiers removed from active status will be discharged or transferred to the Retired Reserve. Transfer to the Retired Reserve is authorized when requested by Soldiers who are eligible.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record appears to show that had the applicant's service been properly calculated, she would have been qualified for transfer to the Retired Reserve based on completion of 20 qualifying years of service for a Reserve retirement.
2. In light of the foregoing, it would now be equitable and just to correct her military records by voiding the 24 May 2011 discharge from the USAR and assigning her to the Retired Reserve effective 24 May 2011, with entitlement to retired pay upon her application at age 60.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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
voiding her 24 May 2011 discharge from the USAR and assigning her to the Retired Reserve effective 24 May 2011, with entitlement to retired pay upon her application at age 60.
_______ _ _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) AR20130014445
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ABCMR Record of Proceedings (cont) AR20130014445
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