IN THE CASE OF:
BOARD DATE: 28 May 2015
DOCKET NUMBER: AR20140017912
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, in effect, that his U.S. Army Reserve (USAR) discharge orders be revoked and that he be transferred to the Retired Reserve.
2. The applicant states:
* when he was discharged, he was working on getting his 20-year letter and he received it after his discharge
* he was unable to transfer to the Retired Reserve because he had not received his 20-year letter
* he has communicated with the U.S. Army Human Resources Command (HRC) but he was repeatedly told to apply to this Board
3. The applicant provides:
* Honorable discharge orders
* AHRC Form 249 (Chronological Statement of Retirement Points)
* Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter)
* Email exchange with HRC
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he was born in January 1968. He will reach 60 years of age in January 2028.
2. Having had prior enlisted service in the U.S. Marine Corps and the Army National Guard, the applicant was appointed as a Reserve commissioned officer of the Army and executed an oath of office on 14 March 2006.
3. He completed the Hospital Ministry Practicum from 3 January to 6 February 2007 and he was promoted to first lieutenant on 13 March 2008 and captain (CPT) on 12 September 2011.
4. In March 2012, he submitted a request for resignation of his commission. Accordingly, on 7 March 2012, HRC published Orders D-03-203779 honorably discharging him from the USAR effective 6 March 2012.
5. On 24 July 2014, HRC issued him a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter).
6. He provides multiple emails to HRC in an effort to update his retirement points. His updated and current AHRC Form 249-E shows he completed 20 years, 6 months, and 9 days of qualifying service for retired pay.
7. Army Regulation 135-175 (Army National Guard and Army Reserve - Separation of Officers) prescribes the policies, criteria, and procedures governing the separation of Reserve officers of the Army.
a. Paragraph 2-3 states an officer with 20 or more years of qualifying Federal service for retired pay (per Army Regulation 135180) who is being considered for involuntary separation will be given an opportunity to elect transfer to the Retired Reserve in lieu of involuntary separation.
b. Paragraph 2-16 states if it is determined that sufficient basis exists to initiate involuntary separation action, the area commander will notify the officer concerned of the requirement to show cause for retention and will give the individual the reason for this requirement, and advise the officer in the above notification, if appropriate, that he may elect to submit a resignation in lieu of involuntary separation; or, if eligible, elect transfer to the Retired Reserve.
c. Paragraph 4-4 states members of the Army Reserve will be removed from an active status for a variety of reasons with or without the officers consent regardless of the length of commissioned service. Removal will be by discharge, transfer to the Retired Reserve (if eligible and requested by the member) or, if eligible, transfer to control group (inactive).
8. Army Regulation 140-10 (Army Reserve Assignments, Attachments, Details, and Transfers) prescribes policies, responsibilities, and procedures to assign, attach, detail, remove, or transfer USAR Soldiers. Chapter 4 prescribes policy and procedures governing the voluntary or involuntary assignment, reassignment, or transfer of a Soldier to and from the various control groups. Section III prescribes the policy and identifies the conditions governing the transfer or reassignment of enlisted Soldiers from the Selected, Standby, and Retired Reserve to an appropriate control group.
DISCUSSION AND CONCLUSIONS:
1. After having prior service, the applicant was appointed as a USAR commissioned officer on 14 March 2006. He served in a variety of assignments and he was promoted to CPT. He resigned his commission in March 2012 and he was honorably discharged from the USAR on 6 April 2012.
2. It appears at the time of his honorable discharge his retirement points were not updated. As a result, he was not issued a 20-year letter until some 2 years after his discharge. His updated AHRC Form 249-E shows after his points were updated, he had completed over 20 years of qualifying service for non-regular retirement.
3. It is evident that he was never given the opportunity to request or transfer to the Retired Reserve in 2012 because he had not been issued a 20-year letter. The administrative errors in his retirement points denied him the opportunity to do so. Therefore, his records should be corrected to show he requested and was transferred to the Retired Reserve on 6 April 2012 vice being honorably discharged.
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 amending Orders D-03-203779, issued by the U.S. Army Human Resources Command on 6 March 2012 to show he was transferred to the Retired Reserve effective 6 April 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) AR20140017912
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ABCMR Record of Proceedings (cont) AR20140017912
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