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