IN THE CASE OF:
BOARD DATE: 30 December 2014
DOCKET NUMBER: AR20140006664
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 records to show his military status as retired instead of discharged.
2. The applicant states:
* he has had the privilege of being categorized as retired since 1994
* as an officer he was placed in an Individual Ready Reserve (IRR) status with an indefinite retirement from 1994 to 2014 (the last 24 years)
* he went to Fort Lewis 100-plus times in the last 24 years
* he went to replace an old IRR identification (ID) and he was denied because he was not in an early retirement status, the IRR, or medically discharged
* the ID office took his IRR ID and kept it
3. The applicant provides no additional evidence.
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 21 August 1964. He enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program (DEP) on 22 April 1983. He was discharged from the USAR DEP on 31 August 1983 for immediate enlistment in the Regular Army. He enlisted in the Regular Army on 1 September 1983 for 3 years. On 3 July 1986, he was honorably released from active duty and transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligation.
3. He was appointed as a first lieutenant in the USAR on 24 June 1990 and assigned to a troop program unit. Effective 13 June 1994, he was transferred from his troop program unit to the IRR. He was promoted to major on 5 August 2000.
4. U.S. Army Human Resources Command Orders D-07-428259, dated 29 July 2004, show he was honorably discharged from the USAR effective 28 July 2004. The additional instructions state:
* IF RESERVE ID DD FORM 2A (RED) IS IN YOUR POSSESSION RETURN IT TO THIS HQS [HEADQUARTERS], ATTN: AHRC-ALQ
* ALL RESERVE OF THE ARMY AND ARMY OF THE UNITED STATES APPTS [APPOINTMENTS] ARE TERMINATED
* AS YOU NO LONGER HAVE ANY MILITARY STATUS, YOUR RECORDS ARE NO LONGER HELD BY THE ARMY
5. Although his Chronological Statement of Retirement Points is clearly in error (it show he earned on 15 points per year and does not show his Regular Army service), there is no evidence showing he completed 20 qualifying years of service for retired pay at age 60.
6. There is no evidence showing he was transferred to the Retired Reserve.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant contends he was reassigned to the IRR from 1994 to 2014, his USAR discharge orders clearly state he no longer had a military status as of 28 July 2004. The IRR is not the same as the Retired Reserve.
2. The applicant requests correction of his records to show his military status as retired instead of discharged. However, there is no evidence that shows he was transferred to the Retired Reserve or was retired by any authority. The evidence shows he was honorably discharged from the USAR on 28 July 2004, after which he held no military status. Therefore, there is insufficient evidence on which to base granting the requested relief.
3. If the applicant feels his Chronological Statement of Retirement Points is incorrect, he must coordinate with the U.S. Army Human Resources Command to update that statement.
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 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) AR20140006664
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140006664
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110021569
The applicant requests reconsideration of his previous request for correction of his record to show he was separated for medical reasons and transferred to the Retired Reserve. The version in effect at the time stated separation would be accomplished when it had been determined that an enlisted Soldier was no longer qualified for retention by reason of medical unfitness unless the Soldier requested and was granted a waiver under Army Regulation 40-501 or was eligible for transfer to the...
ARMY | BCMR | CY2008 | 20080017421
Paragraph 3-6 of Army Regulation 135-91 (Army National Guard and Army Reserve - Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures) provides that an ARNG or USAR officer (other than a commissioned warrant officer) who has accrued 20 years of qualifying service for retired pay is required to attain 50 points annually to be retained in an active status in the Selected Reserve, IRR, or Standby Reserve (Active List). This regulation also states...
ARMY | BCMR | CY2014 | 20140006991
The applicant requests correction of his records to show reassignment to the Retired Reserve. The applicant states he was assigned to the Retired Reserve on 2 November 1994 after 20 plus years of combined active duty and Reserve time. While the reason for the applicant's discharge from the USAR on 5 December 2001 is not of record, there is also no evidence that he requested transfer to the Retired Reserve.
ARMY | BCMR | CY2013 | 20130020547
On 6 April 2000, based upon his written request dated 15 June 1998, he was issued an Army Reserve Personnel Command Form 606-E (Retirement Points) that shows a break-down of his retirement points from 14 August 1973 to his dated of discharge in 1998. When local records available at the Reserve units do not conclusively establish the Soldiers creditable service and completion of 20 years of qualifying service, or mandatory removal from active status, the area command will request assistance...
ARMY | BCMR | CY2007 | 20070009807
On 18 August 2004, the applicant wrote to HRC-St. Louis and requested a transfer to the IRR from the Retired Reserves so he could return as a drilling/active member of the 35th Signal Battalion (USAR). Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The request for transfer to a TPU from the USAR Control Group (Reinforcement) did not...
ARMY | BCMR | CY2014 | 20140021374
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. He has not been able to complete phase II, the resident portion, because he was issued a temporary physical profile. The evidence of record does not support his contention that he was not authorized to perform duty (earn retirement points) from September 2012 to December 2014 due to his medical condition.
ARMY | BCMR | CY2010 | 20100009321
Application for correction of military records (with supporting documents provided, if any). The applicant's service record does not indicate he completed 90 days or more of continuous active duty after 11 June 1991. Therefore, the applicant is not eligible for issuance of a DD Form 214 to show the following actions which occurred after the period covered his DD Form 214, dated 11 June 1991: * promotion to SGT/E-5 effective 29 June 1992 * 2 years of time in grade which he served in the...
ARMY | BCMR | CY2002 | 2002067767C070402
EVIDENCE OF RECORD : The applicant's military records show: Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers) states, in pertinent part, that education requirements for promotion eligibility for MAJ are a bachelor degree and completion of an officer advanced course prior to the convening date of the promotion board. It does appear that the records reviewed by the promotion board did not correctly show this information.
ARMY | BCMR | CY2013 | 20130017566
The applicant states his current DOR for CPT is recorded on his Officer Record Brief (ORB) as 3 November 1995. On 7 November 1995, the FLARNG published Orders P311-006 promoting him from 1LT to CPT effective 3 November 1995. His DOR to CPT is correct.
ARMY | BCMR | CY2006 | 20060008346
Title 10, U. S. Code, section 12646(a) states that, if on the date prescribed for the discharge of transfer from an active status of a reserve commissioned officer he is entitled to be credited with at least 18, but less than 19, years of service, he may not be discharged or transferred from an active status without his consent before the earlier of the date on which he is entitled to be credited with 20 years of qualifying service or the third anniversary of the date on which he would...