IN THE CASE OF:  	  

		BOARD DATE:  25 September 2014	  

		DOCKET NUMBER:  AR20140001675 


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, correction of Orders D-05-710323 to show he was discharged from the U.S. Army Reserve (USAR) on 12 May 2007 vice 4 May 2007. 

2.  The applicant states:

	a.  His records should be corrected to show he completed 1 year of qualifying service for retirement year ending (RYE) 4 May 2007, instead of 11 months and 22 days and a total of 282 creditable points.

	b.  He requested to resign in his 28th year of commissioned service as his mandatory removal date (MRD) was approaching and he wanted to enlist in order to complete 20 years of service in the USAR.  He was discharged on 4 May 2007 instead of 12 May 2007, at which time he would have completed a "good year" for retirement.

	c.  At the time, he was advised by the recruiter and Senior Human Resource Noncommissioned Officer (NCO) of the unit he was joining that he would receive credit for the year because he had more than the required 50 points for a "good retirement year."  Once he resigned his commission, the recruiter and his supervisor became unsure of how to enlist a former officer.  Several days had passed by the time they returned from leave and confirmed it was a simple enlistment.

	d.  In July 2013, he contacted the U.S. Army Human Resources Command (HRC) since he thought he was within 1 year of retirement.  HRC replied that they could not give him credit [for a full year for RYE 4 May 2007] unless it was approved by the Army Board for Correction of Military Records (ABCMR) and his discharge orders were amended.

3.  The applicant provides:

* his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 3 February 2007
* Army Reserve Personnel Center (ARPC) Form 249-E (Chronological Statement of Retirement Points)
* Orders D-05-710323 
* Reserve Annex to DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States)
* USAR Prior Service Enlistment Bonus (PSEB) Addendum
* four pages of email
* a self-authored statement

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a second lieutenant USAR officer on 13 May 1979.  He attained the rank of lieutenant colonel (LTC) on 13 January 2003.  His MRD as a LTC was 12 May 2007. 

2.  He entered active duty on 5 February 2004 as an individual mobilization augmentee (IMA) in support of Operation Enduring Freedom.  He was assigned to the U.S. Amy Garrison, Fort Gordon, GA.  

3.  He was honorably released from active duty on 3 February 2007 and he was transferred to the USAR Control Group (IMA).  The DD Form 214 he was issued for this period of service shows he completed 3 years of creditable active service during this period.

4.  He provides a self-authored statement, dated 26 April 2007, addressed to Captain A____, wherein he stated enclosed was his unqualified resignation form for processing.  This was the only document he was waiting on to complete his enlistment process.  He was enclosing a return envelope for overnight return as soon as signatures could be obtained.  His MRD was 12 May 2007; therefore, he had to have this completed prior to that date.



5.  His record contains a self-authored memorandum, dated 25 April 2007, addressed to HRC, wherein he stated he was tendering his resignation as a Reserve officer in the USAR.  He further stated he understood if his resignation was accepted he was entitled to an honorable separation.  His HRC program manager concurred with the resignation on 1 May 2007.

6.  Orders D-05-710323, dated 8 May 2007, issued by HRC, discharged him from the USAR effective 4 May 2007.

7.  He enlisted in the USAR on 5 June 2007 for a period of 6 years in the rank of sergeant/E-5 and a PSEB of $15,000.

8.  The applicant provides his ARPC Form 249-E, dated 9 September 2013, wherein it shows for the RY beginning 13 May 2006 and ending 4 May 2007 (11 months and 22 days) he was awarded 15 membership points and 267 active duty points for a total of 282 points.  He was credited with 11 months and 22 days of qualifying service for retirement.  

9.  During RYE 4 May 2007, he served on active duty from 13 May 2006 to 3 February 2007, or 266 days.

10.  He also provides an email to an NCO in his unit, dated 21 October 2013, from the Personnel Action Branch, HRC, wherein Ms. VLF stated the applicant had a break in service because he separated as an officer on 8 May 2007 (i.e., 4 May 2007) and he did not enlist until 5 June 2007.  Therefore, his time for RY 2007 was correct.  He could apply to the ABCMR and ask that his discharge orders be amended to the day prior to his enlistment.  

11.  Army Regulation 135-180 (Army National Guard and Army Reserve – Qualifying Service for Retired Pay Nonregular Service) provides, in part, that to be eligible for retired pay, an individual must have attained age 60 and completed a minimum of 20 years of qualifying service. 

12.  Army Regulation 140-185 (Army Reserve – Training and Retirement Point Credits and Unit Level Strength Accounting Records) prescribes the types of training and activities for which retirement points are authorized.  It states, in part, retirement points are earned by USAR Soldiers for active duty (AD), or while in an active Reserve status for active duty for training (ADT), inactive duty for training (IDT), Reserve membership, and for other activities specified in the 



regulation.  A maximum of 15 membership points are awarded each year in an active status.  Personnel on AD are awarded 1 point for each calendar day they serve and may not be awarded additional points for other activities while in such a status.  If a Reserve member is separated or removed from an active status during a retirement year, the Soldier may be credited with a proportionate maximum number of points for the year.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was serving as an LTC in the USAR and his MRD was 12 May 2007.  As he did not have 20 qualifying years of service for a non-regular retirement at that time, he elected to resign his commission and enlist in the USAR.  On 25 April 2007, he submitted a memorandum tendering his resignation as a Reserve officer.  His request was approved by HRC and he was discharged from the USAR on 4 May 2007.  He subsequently enlisted in the USAR for a period of 6 years.

2.  It appears he was improperly briefed on how to word his request to resign his commission to HRC as a reasonable person would request his separation through his MRD.  Therefore, as a matter of equity, it would be appropriate to correct Orders D-05-710323 to show he was discharged from the USAR effective 12 May 2007.

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:

* amending Orders D-05-710323, dated 8 May 2007, to show he was discharged from the USAR effective 12 May 2007

* auditing his records and crediting him with the proper retirement point credits based on this correction



      _______ _   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)                                         AR20140001675



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ABCMR Record of Proceedings (cont)                                         AR20140001675



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