IN THE CASE OF:
BOARD DATE: 3 December 2014
DOCKET NUMBER: AR20140006556
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 his records be corrected to show that he was transferred to the Retired Reserve.
2. He states after receiving his retirement paperwork, he requested to be transferred to the Retired Reserve. He did not know that he was not transferred to the Retired Reserve until 23 June 2012 when he contacted the U.S. Army Human Resources Command.
3. He provides:
* Self-authored statement
* Internet article titled "Formulas for Computing Retired Pay"
* Orders 188-094, dated 6 July 2000
* Orders D-10-059421, dated 31 October 2000
* Notification of Eligibility for Retired Pay at Age 60 (20-year letter)
* Honorable Discharge Certificate
* Congressional correspondence
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was born on 15 November 1959. He enlisted in the Regular Army on 5 July 1978. He was honorably released from active duty on 2 July 1981 and transferred to the U.S. Army Reserve (USAR). He was credited with completing 2 years, 11 months, and 28 days of active duty service. On
31 October 1991, he enlisted in the Army National Guard (ARNG).
3. He remained in the ARNG through subsequent reenlistments and/or extensions.
4. On 27 December 1999, he was notified of his eligibility for retired pay at age 60. The memorandum listed the National Guard Bureau (NGB) Form 23B (Annual Retirement Point Statement), Survivor Benefit Plan Summary, and Army Reserve Personnel Center (ARPERCEN) Pamphlet 135-2 (Handbook on Retirement Services for Army Reserve Component Personnel and their Families) as enclosures.
5. Orders 188-094, dated 6 July 2000, discharged the applicant from the ARNG and reassigned him to the USAR Control Group (Reinforcement) effective 7 July 2000.
6. Orders D-10-059421, dated 31 October 2000, honorably discharged him from the USAR effective 31 October 2000.
7. There are no documents in the applicants available records pertaining to a request or an election form to be transferred to the Retired Reserve.
8. The applicant provided his Honorable Discharge Certificate that shows he was honorably discharged from the Illinois (ILARNG) and transferred to the Retired Reserve on 7 July 2000.
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 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.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence and the applicant did not provide any to show that he requested to be transferred to the Retired Reserve. The fact that he provides his ILARNG Honorable Discharge Certificate that shows he was transferred to the Retired Reserve on 7 July 2000 is not sufficient evidence since orders reassigned him to the USAR Control Group Reinforcement effective that same day. Further, Orders D-10-059421, dated 31 October 2000, show he was honorably discharged from the USAR effective 31 October 2000. Therefore, in the absence of documentation indicating his desire to be transferred to the Retired Reserve at the time of his discharge, the presumption of regularity must apply.
2. In view of the foregoing, there is an insufficient basis for granting his request.
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) AR20140006556
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ABCMR Record of Proceedings (cont) AR20140006556
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