BOARD DATE: 7 January 2015
DOCKET NUMBER: AR20140006819
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 discharge from the U.S. Army Reserve (USAR) be changed to show he was transferred to the Retired Reserve.
2. The applicant states he was unaware he had to request for Reserve retirement orders until he recently tried to get identification cards on 13 March 2014.
3. The applicant provides:
* Headquarters, 99th Regional Support Command (RSC), Fort Dix, NJ Orders 12-347-00008, dated 12 December 2012
* A memorandum, dated 14 February 2013, from the U.S. Army Human Resources Command (HRC)
CONSIDERATION OF EVIDENCE:
1. He previously served 10 years, 3 months, and 25 days in the Regular Army and 7 months and 8 days in the Texas Army National Guard. He was released to the USAR Control Group (Reinforcement).
2. On 27 January 2003, he enlisted in the USAR and served continuously until his discharge. He was promoted to staff sergeant on 1 July 2010.
3. An entry, dated 7 May 2012, in the Soldier Management System (SMS) shows the applicant had requested assistance with obtaining his 20-year letter. He was mobilized when he reached his 20 years and the letter wouldn't be printed until October 2012. The entry states the applicant would receive his
20-year letter in 90 - 120 days.
4. Headquarters, 99th RSC Orders 12-347-00008, dated 12 December 2012, discharged the applicant from the USAR effective 19 December 2012. The type of discharge was honorable.
5. A memorandum, dated 14 February 2013, Subject: Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter) notified him he had completed the required years of qualifying Reserve service and was eligible for retired pay on application at age 60.
6. His Chronological Statement of Retirement Points, dated 10 November 2014, shows he was credited with 20 years of qualifying service as of 28 February 2011.
7. Army Regulation 135-180 (Army National Guard and Army Reserve-Qualifying Service for Retired Pay Nonregular Service), paragraph 2-1a indicates that to be eligible for retired pay, an individual does not need to have a military status at the time of application for retired pay but must have (1) attained age 60; (2) completed a minimum of 20 years of qualifying service; and, (3) served the last 8-years of his or her qualifying service as a Reserve Component (RC) Soldier. The requirement to serve the last 8 years in a RC has since been amended to the last 6-years, and on 26 April 2005, this requirement was reduced to zero (0) years.
8. Army Regulation 135-180 also specifies, in part, that each Reserve component Soldier who completes the service required to be eligible for retired pay at age 60 will be notified in writing with a 20-year letter within 1 year after he/she completes the service.
9. Army Regulation 140-10 sets forth the basic authority for the assignment, attachment, detail, and transfer of USAR Soldiers.
a. Chapter 6 states assignment to the Retired Reserve must be requested and is authorized if the eligible Soldier is entitled to receive retired pay from the U.S. Armed Forces because of prior military service or has completed a total of
20 years of active or inactive service in the U.S. Armed Forces.
b. Chapter 7 relates to the removal of Soldiers from an active status and states, in pertinent 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. At the time of his discharge he had 20 years of qualifying to receive retired pay upon application at age 60. He contends he was unaware of the requirement to request retirement orders until he requested an identification card in 2014.
2. He attained 20 years of qualifying service as of 28 February 2011. Therefore, he should have been issued a 20-year letter by 28 February 2012. The entry in the SMS indicates that HRC was aware that he had not received a 20-year letter as early as May 2012. However, his 20-year letter was not issued until
14 February 2013, 2 months after he was discharged.
3. There is also no evidence in the available records, and the applicant has provided none, to show that he requested transfer to the Retired Reserve. However, had the applicant been given a choice or the opportunity to request transfer to the Retired Reserve it is likely he would have done so in a timely manner.
4. The applicant meets the eligibility requirements for assignment to the Retired Reserve. It would now be equitable and just to correct his military records by revoking his discharge of 19 December 2012 and assigning him to the Retired Reserve effective the same date, with entitlement to retired pay upon his application at age 60.
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
correcting Headquarters, 99th RSC Orders 12-347-00008, dated 12 December 2012 to show he was transferred to the Retired Reserve on 19 December 2012.
__________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) AR20140006819
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