IN THE CASE OF:	  

		BOARD DATE:	  27 January 2015

		DOCKET NUMBER:  AR20140003432 


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 reconsideration of his earlier request to correct his military records to show he was retired due to length of service and to be issued retirement orders.

2.  He states:

	a.  he realizes it may seem odd to go after his rightly due retirement orders after such a lengthy time period.

	b.  at the time, he was supposed to be retiring; he was involved in a bitter marriage separation; the climate changes in the military affected him; and the failure of him not accurately identifying the symptoms of stress, all culminated in him not following up on his retirement properly.

	c.  this is a decision he has regretted daily, but he did not have the mental motivation to rectify until now.

3.  He provides his previous Army Board for Correction of Military Records (ABCMR), Record of Proceedings (AR20120021857) and two Leave and Earning Statements (LES) for October and November 2003.





CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20120021857 on 27 June 2013.

2.  The applicant provided new evidence that will be considered by the Board.  

3.  The applicant enlisted in the U.S. Army Reserve Delayed Entry Program (DEP) on 26 August 1983.  He was discharged from the DEP after completing 2 months and 27 days.

4.  He enlisted in the Regular Army on 22 November 1983.  He continued to serve on active duty through a series of reenlistments to include an indefinite reenlistment on 17 February 2000.

5.  His DA Form 2-1 (Personnel Qualification Record) shows he was promoted to staff sergeant (SSG)/E-6 on 11 April 1994. 

6.  A memorandum dated 13 November 2002 shows that, on that date, having completed 19 years and having received permanent change of station (PCS) assignment instructions, he submitted a request for voluntary retirement, in lieu of complying with PCS orders.  He requested an effective date of retirement date of 30 November 2003 and he indicated he will have completed 20 years of active service on that date.  He also indicated:

* he intended to take 85 days of transition leave from 18 August 2003 to 30 November 2003; he had an approved leave form for this period
* he would be enrolled in full Survivor Benefit Plan coverage if he failed to elect otherwise in writing before his retirement
* his address on retirement is "32xx Fiscxx Avenue, Hopewell, VA  28360" 

7.  His company and battalion commanders endorsed the request for retirement by recommending approval.  However, the request is not endorsed by his brigade or division commander.  Additionally, there is no indication his request was processed or approved by the installation (Fort Bragg) or the U.S. Army Human Resources Command (HRC).

8.  His service record includes a DA Form 31 (Request and Authority for Leave), dated 12 November 2002 which shows he requested 85 days of permissive temporary duty (TDY) for the period 18 August to 7 September 2003 and ordinary leave for the period 8 September to 30 November 2003.

9.  He now provided two LESs which indicate:

   a.  he was paid for the month of October 2003; he had 20 years of service; he had 62.5 days of leave; and his pay grade was E-6.
   
   b.  he was paid for the month of November 2003; he had 20 years of service; he had 65.0 days of leave; and his pay grade was E-6.

10.  He was issued the Army Chief of Staff Certificate of Retirement and the Presidential Certificate of Appreciation.  He also participated in a retirement ceremony at Fort Bragg, NC, on 31 July 2003. 

11.  According to his ARPC Form 249-E (Chronological Statement of Retirement Points), he served in the Regular Army from 26 August 1983 to 31 August 2003.

12.  An email, dated 30 January 2013, from the Defense Finance and Accounting Service (DFAS) - Indianapolis, IN, states the applicant's active Federal service (AFS) was from 23 November 1983 to 1 October 2003.  The DFAS official stated she was unsure if the applicant had enough time for retired pay.  It is unclear if he was paid for leave.  This email is not available.

13.  On 27 June 2013, this Board recommended that the applicant's records be corrected by issuing him a separation order, effective 1 October 2003, separating him in the rank of SSG by reason of expiration of term of service and by issuing him a DD Form 214 for the period 23 November 1983 through 1 October 2003 and showing entries in items 1 through 30.  However, his request for issuance of retirement orders was denied.  As a result, he was issued a DD Form 214 on 2 August 2013 which shows he completed 19 years, 10 months, and 9 days.

14.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) prescribes the policies for the orderly administrative separation of Soldiers for a variety of reasons.  Chapter 12 states a Soldier who has completed 20 but less than 30 years of AFS in the U.S. Armed Forces may be retired (Title 10, U.S. Code, section 3914) at his or her request.  The Soldier must have completed all required service obligations at the time of retirement.


15.  Paragraph 12-4 of Army Regulation 635-200 states Soldiers who have completed 20 but less than 30 years of AFS and who have completed all required service obligations are eligible, but not entitled, to retire upon request.  Soldiers who have completed 19 or more years of AFS may apply for retirement. The request must be made within 12 months of the requested retirement date.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's requests for correction of his records to show he was retired due to length of service and issuance of retirement orders are acknowledged and determined to have merit.  

2.  The 13 November 2002 memorandum shows that, on that date, the applicant had completed 19 years, received PCS assignment instructions, and submitted a request for voluntary retirement in lieu of complying with PCS orders.  He requested an effective retirement date of 30 November 2003.  

3.  The evidence of record shows the applicant's company and battalion commanders endorsed his request for retirement by recommending approval.  However, the request was not endorsed by his brigade or division commander.  Additionally, his request for retirement was apparently not processed or approved by the installation (Fort Bragg) or HRC.

4.  He provided copies of his LES for the months of October and November 2003 which verify he was still in an active status and was receiving military pay as of 30 November 2003.  

5.  His DA Form 31 shows he was on TDY from 18 August to 7 September 2003 and on ordinary leave from 8 September to 30 November 2003.

6.  The evidence of record shows the applicant was issued the Army Chief of Staff Certificate of Retirement and participated in a retirement ceremony at Fort Bragg, NC on 31 July 2003.  Since he started leave on 18 August 2003, 31 July 2003 may have been the only ceremony he could attend.  

7.  The governing law and regulations clearly state that those enlisted Soldiers who complete 20 but less than 30 years of AFS are eligible to a retirement upon their request.

8.  His LESs for the months October and November 2003 are accepted as sufficient evidence to amend his records to show he completed 20 years of AFS on 30 November 2003.  Additionally, he should be issued retirement orders showing he was placed on the retired list effective1 December 2003 in the rank and pay grade of SSG/E-6.





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 amendment of the ABCMR’s decision in Docket Number AR20120021857, dated 27 June 2013.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  amending his DD Form 214 for the period ending 1 October 2003 by:

		(1)  deleting the entry "N/A" from item 9 (Command to which Transferred) and adding the entry "U.S. Army Reserve Control Group (Retired)";

		(2)  deleting the entry "2003 10 01" from item 12b (Separation Date this Period) and adding the entry "2003 11 30";

		(3)  deleting the entry "0019 10 09" from item 12c (Net Active Service this Period) and adding the entry "0020 00 09";

   (4)  deleting the entry "DISCHARGE" from item 23 (Type of Separation); 
   
   (5)  deleting the entry "AR 635-200, CHAP 4" from item 25 (Separation 
Authority) and adding the entry "AR 635-200, CHAP 12";

		(6)  deleting the entry "MBK" from item 26 (Separation Code) and adding the entry "RBD";

		(7)  deleting the entry "1" from item 27 (Reentry Code) and adding the entry "4R";

   (8)  deleting the entry "COMPLETION OF REQUIRED ACTIVE SERVICE" 
from item 28 (Narrative Reason for Separation) and adding the entry "Sufficient Service for Retirement"; and
   
	b.  issuing him orders showing he was released from active duty effective 30 November 2003 and on the date following placing him on the retired list in the rank/pay grade of SSG/E-6.



      ___________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)                                         AR20140003432





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ABCMR Record of Proceedings (cont)                                         AR20140003432



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