IN THE CASE OF:	  

		BOARD DATE:	  20 October 2015

		DOCKET NUMBER:  AR20150002118 


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 reconsideration of his request for transfer to the Retired Reserve.

2.  The applicant states:

	a.  the Retirement Services Program should have conducted a pre-retirement briefing for him and his family in accordance with (IAW) Army Regulation (AR) 600-8-7 (Retirement Services Program), dated 17 April 1992, chapter 2, paragraph 2-3.

	b.  he referenced AR 600-8-7 and cited the following paragraphs:

		(1)  Paragraph 3-3, "at a minimum, pre-retirement service will include showing the pre-retirement video, conducting Survivor Benefit Plan counseling and conduct the pre-retirement briefing.  Each is designated to make retiring Soldiers and their families aware of the rights, benefits, and privileges available to them as a result of their military service."

		(2)  Paragraph 4-3 states the rules for conducting the pre-retirement briefing of which he received none of this information, including computing retirement pay.

		(3)  Paragraph 4-4, table 4-2, step 5 requires the Army to record attendance.

	c.  he was never offered any of the briefings as stated above.  He believes the Individual Ready Reserve (IRR) violated the requirements of AR 600-8-7.  There is nothing in his military records that the IRR offered a choice of retirement options.

   d.  he also feels he was coerced into writing a letter of unqualified resignation by the IRR after they had a disagreement concerning the qualifications and training provided by the Army National Guard compared to the U.S. Army Reserve (USAR).  Subsequent editions of AR 600-8-7 include requirements for Reserve Soldiers in chapter 9.

3.  The applicant provides the Record of Proceedings for his previous case.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130021482 on 7 August 2014.

2.  The applicant provided new arguments that will be considered by the Board.

3.  The applicant was born on 22 May 1959.  After having prior enlisted and commissioned service in the Nebraska Army National Guard (NEARNG), the applicant was appointed as a chief warrant officer two (CW2)/W-2 on 7 December 1991 in the NEARNG.

4.  His service personnel documents in the Interactive Personnel Electronic Records Management System (iPERMS) include:

	a.  A Notification of Eligibility for Retired Pay at Age 60 (20 Year Letter), dated 16 February 1999, informing the applicant he had completed the required years of service and would be eligible for retired pay upon application at age 60.

	b.  A U.S. Army Human Resources Command (HRC) letter, dated 24 August 2004, informing the applicant he had been considered, but not selected, for promotion by the 13 April 2004 Army Reserve Components Mandatory Selection Board.

	c.  An HRC letter, dated 12 July 2005, informing the applicant that he had been considered, but not selected, by the 12 April 2005 Army Reserve Components Selection Board.  He had been approved for a three-year exception to policy and his new involuntary removal date was 22 May 2008, unless he was selected for promotion before then.

	d.  A memorandum, dated 27 March 2006, which shows he tendered his unqualified resignation as a Reserve Officer in the USAR under the provisions of AR 135-175, chapter 6, Section III.  He indicated that he was currently in the IRR program, but he was no longer interested in participating in any facet of the USAR.  He acknowledged he understood that if his resignation was accepted, he was entitled to an honorable separation and would be furnished an Honorable Discharge certificate.

	e.  A Chronological Statement of Retirement Points which indicates he completed 21 years, 2 months, and 29 days of qualifying service for retirement.

5.  On 11 April 2006, HRC issued Orders D-04-608858 honorably discharging him from the USAR Control Group (Reinforcement) effective 7 April 2006.

6.  The applicant's separation processing documentation is not available for review.  Based on the unqualified resignation, he was not transferred to the Retired Reserve.

7.  AR 140-10 (Assignments, Attachments, Details, and Transfers) states a Soldier who completes 20 years or more years of active or inactive service may voluntarily request a transfer to the Retired Reserve.

8.  AR 600-8-7, in effect at the time, prescribed the policies and mandated operating tasks for the retirement services and SBP functions of the Military Personnel System.  It established standards and provides an operational document in a logical sequence.  The regulation lists the functions of a Retirement Services Office (RSO).  The RSO:

* Counsels Soldiers and family members on SBP entitlements and assists Soldiers and families with all phases of the SBP election 
* Conducts pre-retirement briefings for Soldiers and family members
* Counsels Soldiers and family members concerning retirement rights, benefits, and privileges
* Prepares Soldiers and their families to transition from active duty to civilian life 
* Provides information and referrals to retired Soldiers and their families 
* Assists local retiree councils appointed by the installation commander to voice the needs and concerns of local retirees and family members
* Conducts Retiree Activity Days (RADs)
* Publishes retiree newsletters 
* Supervises the operation of the installation Retirement Services Program and the SBP
* In conjunction with the servicing legal assistance office, counsels active and retired Soldiers, spouses, and former spouses on the Uniformed Services Former Spouses Protection Act 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to transfer to the Retired Reserve has been carefully reviewed.  However, the evidence of record does not indicate an error or injustice exists in this case.

2.  The applicant's contention that the Retirement Services Program should have conducted a pre-retirement briefing for him and his family based on AR 600-8-7, dated 17 April 1992, chapter 2, paragraph 2-3 is acknowledged.  Based on the governing regulation in effect at the time, it was the responsibility of the RSO to conduct the proper counseling to Solders and their family members.  His service record is void of sufficient evidence and he has not provided sufficient evidence to support his claim.

3.  The applicant contends that there is nothing in his military records that shows the IRR offered a choice of retirement options and that the IRR violated the requirements of AR 600-8-7.  The evidence of record shows the applicant voluntarily tendered an unqualified resignation and stated that he was no longer interested in participating in any facet of the USAR.  Based on the unqualified resignation, he was not transferred to the Retired Reserve.

4.  The applicant's service record is void of evidence to support his claim that he was coerced into writing a letter of unqualified resignation by the IRR.

5.  The evidence of record shows the applicant was discharged from the USAR on 7 April 2006.

6.  The applicant had completed 20 years of qualifying service for retired pay at age 60 at the time of his discharge.

7.  Transfer to the Retired Reserve may be accomplished upon the application of an eligible member.  There is no evidence of record which shows the applicant requested transfer to the Retired Reserve.  

8.  The applicant remains fully eligible for receipt of retired pay upon reaching age 60 and should apply accordingly at such time.

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 to amend the decision of the ABCMR set forth in Docket Number AR20130021482, dated 7 August 2014.



      _____________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)                                         AR20150002118





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ABCMR Record of Proceedings (cont)                                         AR20150002118



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