BOARD DATE: 7 October 2014
DOCKET NUMBER: AR20130022072
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 his records be corrected to show that he was transferred to the Retired Reserve.
2. The applicant claims administrative error with regard to his discharge.
3. The applicant provides:
* Orders 12-102-00025
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Notification of Eligibility for Retired Pay at age 60 (20 Year Letter)
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 28 July 1959. Having prior service as an officer in the Army National Guard, the applicant enlisted in the U.S. Army Reserve (USAR) and remained in the Reserve through subsequent reenlistments and/or extensions. He obtained the rank/grade of sergeant major/E-9 on 21 January 1991.
2. On 20 April 2000, he was notified of his eligibility for retired pay at age 60.
3. His records contain a memorandum from the Commanding General (CG), 377th Theater Sustainment Command (TSC) to the Commander, U.S. Army Human Resources Command (HRC), dated 10 March 2012, in which the CG, 377th TSC states he considered matters pertaining to allegations against the applicant as well as the board's findings that the applicant engaged in a pattern of misconduct. Based on his review of the findings, he approved the board's findings and their recommendation to separate the applicant from the USAR with an honorable discharge.
4. The HRC Integrated Web Services (IWS) database shows that on 5 April 2012, the applicant contacted a member of the HRC Retirement Management Office to request a retirement packet. The applicant was informed he needed to contact his unit to have them place him in the Retired Reserve.
5. Orders 12-102-00025, dated 11 April 2012, discharged the applicant from the USAR effective 16 April 2012.
6. There are no documents in the applicant's available 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 (1) attained age 60; (2) completed a minimum of 20 years of qualifying service; and (3) served the last 8 years of his or her qualifying service as a Reserve Component (RC) Soldier. The requirement to serve the last 8 years in a RC has since been amended to the last 6 years, and on 26 April 2005, this requirement was reduced to zero (0) years.
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 (Assignments, Attachments, Details, and Transfers) prescribes policies, responsibilities, and procedures to assign, attach, detail, remove, or transfer USAR Soldiers. Chapter 7 of the regulation relates to the removal of Soldiers from an active status and states, in pertinent part, that Soldiers removed from an active status will be discharged or, if qualified and if they so request, will be transferred to the Retired Reserve. Members of the Retired Reserve may be subject to recall to active duty.
DISCUSSION AND CONCLUSIONS:
1. The available evidence does not support the applicant's request for correction of his record to show he was transferred to the Retired Reserve instead of being discharged.
2. The CG, 377th TSC considered matters pertaining to allegations against the applicant as well as the board's findings that the applicant engaged in a pattern of misconduct. Based on his review of the findings, he approved the board's findings and their recommendation to separate the applicant from the USAR with an honorable discharge.
3. The evidence of record shows the applicant submitted an inquiry through the HRC IWS database on 5 April 2012 to a member of the HRC Retirement Management Office to request a retirement packet. The applicant was informed he needed to contact his unit in order to have them place him in the Retired Reserve.
4. While there is no evidence the action was ever initiated and completed by the applicant, it is apparent his unit had no intention and was under no obligation to transfer him to the Retired Reserve based on their finding of a pattern of misconduct. Their subsequent decision to separate the applicant from the USAR with an honorable discharge appears to support this contention. However, this action would not cause him to lose eligibility for retirement benefits once he reached age 60.
5. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's 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) AR20130022072
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