IN THE CASE OF:
BOARD DATE: 9 December 2014
DOCKET NUMBER: AR20140004554
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 placement in the Retired Reserve.
2. The applicant states he had intended to be transferred into the Retired Reserve; however, he was mistakenly discharged. He was given a transitional identification (ID) card; however, when that expired and he tried to get a Retired ID card, he was told he was not eligible because he had been discharged.
3. The applicant provides copies of his
* discharge orders
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DA Form 1506 (Statement of Service for Computation of Length of Service for Pay Purposes), dated 3 July 2007
* AHRC Form 249-E (Chronological Statement of Retirement Points), dated 3 April 2014
CONSIDERATION OF EVIDENCE:
1. On 6 June 2005, the applicant, a U.S. Army Reserve (USAR) career Soldier, voluntarily entered a 3-year active duty tour in the Active Guard Reserve (AGR) Program in the rank/grade of staff sergeant/E-6. On 18 January 2008, his active duty tour was extended until 2 October 2010.
2. He extended his enlistment, thereby establishing a new expiration of term of service (ETS) date of 2 April 2011, and remained on active duty.
3. On 3 February 2011, he was issued a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter).
4. On 31 March 2011, he again extended his enlistment to 2 October 2011.
5. U.S. Army Human Resources Command Orders D-09-190113, dated 7 September 2011, ordered his discharge from the AGR Program effective 2 October 2011.
6. His DD Form 214 shows he was discharged from the USAR effective 2 October 2011.
7. Army Regulation 140-10 (Army Reserve Assignments, Attachments,
Details, and Transfers), paragraph 6-1(a) provides, in pertinent part, that "Assignment to the Retired Reserve is authorized as listed in (1) through (8) below. Eligible Soldiers must request transfer if they, (1) Are entitled to receive retired pay from the U.S. Armed forces because of prior military service
"
8. Army Regulation 600-8-7 (Retirement Services Program), paragraph 3-1a states, "It is mandatory that all Soldiers receive a pre-retirement briefing
Reserve Component (RC) Soldiers will receive the mandatory RC RCSBP briefing and gray area benefits briefing within 60 days of receipt of the Notification of Eligibility for Retired Pay at Age 60 (20 Year Letter)
"
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he requested transfer to the Retired Reserve; however, he was mistakenly discharged.
2. The applicant served the final 6-plus years of his service while on active duty. He and his chain of command may not have known that he had to request transfer to the Retired Reserve.
3. The governing regulation provides that he was eligible to be transferred to the Retired Reserve and that he should have been counseled about "gray area" benefits within 60 days of the receipt of his 20 Year Letter. There is no available evidence that the required counseling occurred or he would have known he had to request transfer to the Retired Reserve.
4. Based on the foregoing findings and conclusions, it appears he was accidentally and improperly discharged. Therefore, it would be appropriate to rectify this injustice by correcting his records as recommended below.
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. correcting his separation orders to show he was released from active duty (REFRAD) and transferred to the Retired Reserve; and
b. correcting item 9 (Command to Which Transferred) of his DD Form 214 or the period ending 2 October 2011 to show "USAR Control Group (Retired Reserve)" and item 23 (Type of Separation) to show "REFRAD."
_______ _ _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) AR20140004554
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140004554
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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