IN THE CASE OF:	  

		BOARD DATE:  22 October 2013

		DOCKET NUMBER:  AR20130018342 


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, cancellation of his discharge orders and reinstatement in the U.S. Army Reserve (USAR) Control Group (Reinforcement or Individual Ready Reserve (IRR)).

2.  The applicant states in part, "18 August [2012], Virginia [Army] Nation [sic] Guard [VAARNG] did not fill out proper current NGB22B [National Guard Bureau Form 22B (ARNG Recruit Force Pool Report)] and sign this member’s extension and approved request for transfer into us army reserves IRR.  Due to two each NGB22’s dated 12Oct2012 and 22Oct2012 and this member’s 5 Orders in iPERMS [Interactive Personnel Records Management System] this member was not able to get into TPU [troop program unit] at Army Reserve Center at Fort Story [VA] and drill for points.  This this [sic] member did not get 50 points this year because Army and Guard said it was the other’s problem.  The General of the Army Reserves as [sic] discharged him for not getting the required 50 points and I should be retired reserves gray area "R" in DEERS and NOT [sic] former member "T" as so I have been told to fill this form out in (sic] line.”   

3.  On 17 October 2013, an official of the U.S. Army Human Resources Command (HRC) clarified his request.  The official stated the applicant needs to have the following orders rescinded: 

* Orders C-10-215297, issued by HRC on 22 October 2012, transferring him to the VAARNG
* Orders D-07-311843, issued by HRC on 18 July 2013, discharging him from the USAR
4.  The applicant provides 

* Multiple email exchange
* NGB Form 22 (Report of Separation and Record of Service)
* Letter from The Adjutant General
* Orders
* Approved separation

CONSIDERATION OF EVIDENCE:

1.  Having had prior service, the applicant enlisted in the VAARNG on 17 August 2000 and he held military occupational specialties 35E (Radio/Communication Security Repairer) and 52C (Utility Equipment Repairer). 

2.  He entered active duty on 7 December 2003 and served in Iraq from 5 March 2004 to 25 February 2005.  He was honorably released from active duty on 17 April 2005. 

3.  On 23 April 2006, he extended his ARNG enlistment by a period of 6 years.  His new expiration of term of service (ETS) date was established as 16 August 2012. 

4.  On 7 September 2010, the VAARNG issued him a Notification of Eligibility for Retired Pay at Age 60 (20-year letter).  This letter notified him that he had completed the required years of service and would be eligible for retired pay, upon application, at age 60. 

5.  On 5 May 2012, he requested to retire from the VAARNG on his ETS date of 16 August 2012.  His immediate and intermediate commanders recommended approval.  

6.  On 1 June 2012, while his retirement application was being processed, he was notified by the VAARNG that he had been selected by the Qualitative Retention Board for continued retention in the ARNG for a period of 2 years through Fiscal Year 2014. 

7.  On 12 July 2012, the VAARNG published Orders 194-021 discharging him from the ARNG and transferring him to the Retired Reserve, effective 16 August 2012. 

8.  He was honorably discharged from the ARNG on 16 August 2012.  His NGB Form 22 shows he was transferred to the USAR Control Group (IRR) instead of the Retired Reserve.  
9.  On 12 October 2012, the VAARNG published Orders 286-084 amending Orders 194-021, issued on 12 July 2012, to show he was transferred to the USAR Control Group (IRR) instead of the Retired Reserve. 

10.  On 22 October 2012, HRC published Orders C-10-215297 releasing him from the USAR Control Group (IRR) and assigning him to the VAARNG by reason of enlistment.  

11.  On 11 June 2013, HRC published Orders D-06-309200 honorably discharging him from the USAR, effective 11 June 2013.  The orders listed the wrong social security number (SSN). 

12.  On 18 July 2013, HRC published Orders D-07-311843 honorably discharging him from the USAR, effective 11 June 2013.  The orders listed the correct SSN. 

13.  It appears he communicated with HRC in an effort to resolve the issue of multiple orders in his records and in an attempt to return to the IRR.  As a result, on 17 September 2013, The Adjutant General issued a memorandum requesting this Board correct the applicant's records so he may continue his military career.  The Adjutant General requested all orders after Orders Number 194-021, dated 12 July 2012, be rescinded. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant submitted a request for retirement on his ETS date of 16 August 2012.  The VAARNG approved his request and published an order transferring him to the Retired Reserve.  While his retirement application was being processed he was selected for continuation of service in the ARNG.  It appears his intent was to continue his service.  

2.  When the VAARNG processed his NGB Form 22, officials transferred him to IRR despite having issued him an order transferring him to the Retired Reserve.  The orders were amended to show his transfer to the IRR vice the Retired Reserve.  

3.  Due to the administrative errors and the timing of his selective continuation and retirement, he was unable to earn a required regulatory minimum of 50 qualifying retirement points to remain in the Selected Reserve.  As a result, HRC published orders honorably discharging him from the USAR (initially with an incorrect SSN and later with the correct one).  

4.  It is clear that these errors have denied him continued service in the Selected Reserve.  Therefore, he is entitled to revocation of his USAR honorable discharge orders and reinstatement in the IRR.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X__ _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* rescinding Orders C-10-215297, issued by HRC on 22 October 2012, transferring him to the VAARNG
* rescinding Orders D-07-311843, issued by HRC on 18 July 2013, discharging him from the USAR
* awarding him a maximum of 15 membership points for retirement year 2012 08 17 to 2013 08 16

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding 50 points for a missing year.




      _______ _  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)                                         AR20130018342





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ABCMR Record of Proceedings (cont)                                         AR20130018342



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