IN THE CASE OF:
BOARD DATE: 21 August 2014
DOCKET NUMBER: AR20140000402
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 military records to show he was transferred to the Retired Reserve in 2013.
2. The applicant states, in effect, that he was incorrectly discharged from the Individual Ready Reserve (IRR). He should have been placed in the Retired Reserve. He further argues that this error has adversely affected his entitlement to a monthly monetary benefit of $175.00 from Puerto Rico.
3. The applicant provides copies of:
* Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter), dated 25 May 2001
* Army National Guard Retirement (ARNG) Points History Statement, prepared on 25 May 2001
* Orders D-03-304824, U.S. Army Human Resources Command (HRC), dated 19 March 2013
* Benefit Sheet written in Spanish (two pages)
CONSIDERATION OF EVIDENCE:
1. Records show that the applicant was born on 30 September 1958. He will reach 60 years of age in 2018.
2. A 20-Year Letter and ARNG Points History Statement, both dated 25 May 2001, show that the applicant completed 20 qualifying years of non-regular military service for retired pay at age 60.
3. A National Guard Bureau (NGB) Form 23A (ARNG Current Annual Statement) prepared on 1 June 2010 shows the applicant completed
29 qualifying years for retired pay.
4. Orders 153-556, Puerto Rico National Guard Element, dated 2 June 2010 discharged the applicant from the ARNG and assigned him to the U.S. Army Reserve Control Group (Reinforcement), effective 31 May 2010.
5. Orders D-03-304824, HRC, dated 19 March 2013 discharged the applicant from the IRR with an honorable characterization of service.
6. The Human Resources Service Center, HRC, provided an information paper to the applicant, dated 19 November 2013. This paper stated that HRC was unable to change his status from discharged to Retired Reserve. It further stated that it appeared he had failed to request transfer to the Retired Reserve prior to his being discharged. It advised him that he needed to bring this matter to this Board for resolution.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence of record showing that the applicant had been properly counseled at the time of his transfer to the IRR. There is no evidence showing that he knew HRC would automatically discharge him without notice.
2. The evidence clearly shows that he completed 29 years of qualifying service. Therefore, it is very reasonable to presume that he had no desire to be discharged. This is even more evident by the quickness he has sought to correct his status.
3. Cases involving this matter are normally denied because the applicant has waited for years and sometimes decades to request the correction. In this case, the applicant appears to have started corrective action almost immediately implying that he may not have been properly counseled on his options.
4. In view of the foregoing, the applicantÂ’s request should be corrected by showing he was transferred to the Retired Reserve effective 19 March 2013.
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:
a. revoking Orders D-03-304824, HRC, dated 19 March 2013; and
b. issuing orders transferring him to the Retired Reserve effective 19 March 2013.
___________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) AR20140000402
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