ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 
RECORD OF PROCEEDINGS 
IN THE CASE OF:    BOARD DATE: 23 November 2021 DOCKET NUMBER:  AR20210005455 
APPLICANT REQUESTS: In effect, the applicant requests the Board to void her U.S. Army Reserve (USAR) discharge and show, instead, her transfer to the Retired Reserve. 
APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
. DD Form 149 (Application for Correction of Military Record) 
. DA Form 2-1 (Personnel Qualification Record – Part II) 
. DD Form 214 (Report of Separation from Active Duty) 
. National Guard Bureau (NGB) Form 22 (Report of Separation and Record of 
Service) 
. Massachusetts Army National Guard (MAARNG) Discharge Order 
. U.S. Army Reserve Personnel Command (ARPERCEN, later designated as the 
U.S. Army Human Resources Command (HRC)) Discharge Order . ARPERCEN letter, Subject:  Notification of Eligibility for Retired Pay at 
Age 60 (Twenty Year (20-Year) Letter) . HRC Retirement Orders . Army Review Boards Agency (ARBA) Administrative Close Letter . Applicant's letter to HRC . HRC's letter response . Printout from applicant's online personnel record in HRC's Soldier Management 
System Integrated Web Services (SMS IWS) . DA Form 5016 (Chronological Statement of Retirement Points) . ARPERCEN Reassignment Orders . U.S. Army Reserve (USAR) Regional Support Command Reassignment Orders 
FACTS: 
1. 
The applicant did not file within the 3-year time frame provided in Title 10 (Armed Forces), United States Code (USC), section 1552 (b) (Correction of Military Records: Claims Incident Thereto). However, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interests of justice to excuse the applicant's failure to timely file. 

2. 
The applicant states, while in the process of getting her retirement points corrected and obtaining her 20-Year Letter, she discovered the Army had discharged her when she reached her expiration term of service (ETS) rather than transferring her to the Retired Reserve. The Personnel Action Branch (PAB) supervisor at HRC said he could have helped the applicant transfer to the Retired Reserve, had he known; however, at the time the applicant separated, no one she spoke to seemed to know anything about such a transfer. The HRC PAB supervisor recommended the applicant to request an SMS Transaction Summary, showing the applicant's calls to HRC; he went on to state the applicant would need the Board's approval to correct her record. 

3. 
The applicant provides documents from her official military personnel file, along with the following: 


. ARBA Letter, dated 20 December 2018, which shows ARBA administratively closed the applicant's previous application (listed under ABCMR Docket Number AR20160013617) because the applicant had failed to exhaust all administrative remedies 
. Applicant's letter to HRC, requesting correction of her record to show her transfer to the Retired Reserve 
. HRC's letter stating the correction showing the applicant's transfer to the Retired Reserve required action by the ABCMR 
. SMS IWS Printout reflecting the applicant's 23 contacts and 22 opened cases with HRC 
4. The applicant's service records show: 
a. 
The applicant was born in 1957, and she attained the age of 60 in 2017; her Date of Initial Entry to Military Service (DIEMS) is 1 June 1976. 

b. 
On 4 June 1976, the applicant enlisted into the MAARNG for 6 years; effective 19 February 1988, MAARNG orders honorably discharged her and transferred her to a USAR Troop Program Unit (TPU). 

c. 
On 20 February 1988, the applicant enlisted into the USAR for a term of 4 years. On 2 October 1989, the applicant immediately reenlisted for 6 years. Effective 25 October 1992, the applicant's chain of command promoted her to staff sergeant/E-6. 

d. 
On 6 October 1996, the applicant extended her enlistment, and, on 23 October 1997, the applicant immediately reenlisted for 3 years; the following is stated in item 8b (Remarks) of her DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States):  


"IMMED REENL TPU/W SUBSEQUENT REASG (reassignment) TO CON GR (REINF) (USAR Control Group (Reinforcement)) IAW (in accordance with) AR (Army 
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Regulation) 140-111 (USAR Reenlistment Program), CHAP 8 (Active Guard/Reserve AGR Administrative Procedures)" 
e. 
Effective 31 March 1998, and based on the applicant's enlistment contract, USAR Regional Support Command (RSC) Orders, dated 31 March 1998, reassigned the applicant from her TPU to the USAR Control Group (Reinforcement). Effective 19 January 1999, and per the applicant's request, ARPERCEN transferred the applicant from the USAR Control Group (Reinforcement) to her former TPU; the orders reflected the applicant's ETS as 30 September 1999. Effective 10 February 2000, USAR RSC Orders, dated 10 February 2000, reassigned the applicant back to the USAR Control Group (Reinforcement) due to "Personal cogent reasons." 

f. 
There is no indication in the applicant's service records she requested to transfer to the Retired Reserve. 

g. 
U.S. Army Reserve Personnel Command Orders D-01-105163, dated 30 January 2001, honorably discharged the applicant from the USAR, effective 30 January 2001, in accordance with AR 135-178 (Enlisted Administrative Separations) 

h. 
On 16 September 2003, the U.S. Army Reserve Personnel Command issued the applicant her 20-Year Letter, stating, in pertinent part, the applicant had completed the required years of qualifying reserve service and was eligible for retired pay at age 60, upon application. 

i. 
On 18 May 2017, HRC issued orders, which showed, effective XX J__ 2017 (60th Birthday), HRC had placed the applicant on the AUS (Army of the United States) Retired List. A DA Form 5016 (Chronological Statement of Retirement Points), generated by HRC, indicates the applicant completed 21 years of qualifying service for Non-Regular retired pay, andd she had accumulated 20 qualifying years of USAR service as of 3 June 1996. 


5. The applicant is asking, in effect, that the Board void her discharge, which occurred on 30 January 2001, and direct HRC to issue orders reflecting her honorable separation from the USAR and transfer to the Retired Reserve. 
a. AR 140-10 (Army Reserve – Assignments, Attachments, Details, and Transfers), in effect at the time, stated Soldiers who had completed a total of 20 years of active or inactive service in the Armed Forces were eligible for transfer to the Retired Reserve; however, the transfer only occurred upon the Soldiers' request. 
(1) USAR Soldiers who have completed 20 or more qualifying years of service and who have received their 20-Year Letter are known as "Gray Area" retirees. A Gray Area retiree is entitled to many, but not all of the benefits available to retirees; specifically, "Gray Area" retirees do not have access to military medical facilities and cannot obtain healthcare benefits through Tricare. By correcting the applicant's record 
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to show her transfer to the Retire Reserve, effective 30 January 2001, the applicant could become eligible for reimbursement of any medical expenses she incurred between 30 January 2001 and the date of her retirement (19 June 2017). 
(2) 
With regard to retired pay, transfer to the Retired Reserve does not affect the pay of USAR retirees with a DIEMS prior to 8 September 1980; USAR Soldiers in this category have their retired pay computed under what the Defense Finance and Accounting Service terms the "Final Pay Plan." The "Final Pay Plan," calculates retired pay based on the monthly basic pay at the highest grade satisfactorily held on the date of retirement (regardless of when the Soldiers stopped their USAR participation). 

(3) 
By contrast, USAR Soldiers in the Retired Reserve with a DIEMS date on or after 8 September 1980 benefit by the transfer because the longevity of their service in the Retired Reserve, along with any cost of living adjustments made prior to their retirement date, permit them to receive a higher amount of retired pay at age 60. USAR Soldiers, with the later DIEMS date, and who were discharged, vice transferred to the Retired Reserve, do not accrue such benefits; their retired pay is based on the pay rate in effect on the date of their discharge. 

b. 
The applicant attained 20 years of qualifying service in 1996; the regulation in effect at the time (AR 135-180 (ARNG and Army Reserve – Qualifying Service for Retired Pay Non-Regular Service)) required HRC to issue the 20-Year Letter upon completion of 20 satisfactory years. The fact HRC waited until over 2 years, following the applicant's honorable discharge, represents an administrative irregularity. 


BOARD DISCUSSION: 
After reviewing the application and all supporting documents, the Board found that relief was warranted. Board members noted that there is no indication in the applicant's service records she requested to transfer to the Retired Reserve. As such, the U.S. Army Reserve Personnel Command published Orders honorably discharging the applicant from the USAR, effective 30 January 2001, in accordance with AR 135-178 (Enlisted Administrative Separations). Board members believe the applicant may have not known or possibly not counseled about the difference between Discharge and Retired Reserve. Had she known, it is very likely she would requested a transfer to the Retired Reserve. Board members voted to grant relief. 
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BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 
XX: XX: XX: GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 
BOARD DETERMINATION/RECOMMENDATION: 
The Board determined the evidence presented is 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: 
a. 
Voiding Orders D-01-105163, issued by the U.S. Army Reserve Personnel Command Orders on 30 January 2001, that honorably discharged the applicant from the USAR, effective 30 January 2001.  

b. 
Issuing the applicant new orders transferring her to the Retired Reserve effective 30 January 2001. 


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. 
ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: 
1. 
Title 10, USC, 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 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. 

2. 
AR 135-178 (Army National Guard and Army Reserve – Enlisted Administrative Separations), in effect at the time, set policies and procedures for the administrative separation of enlisted Army National Guard and USAR Soldiers. It stated, in paragraph 1-22 (Policy), that eligible and qualified Soldiers with remaining statutory or contractual military service obligation (MSO) required reassignment to the Individual Ready Reserve (IRR) until the MSO's expiration. 

3. 
AR 140-10 (Army Reserve – Assignments, Attachments, Details, and Transfers), in effect at the time, stated Soldiers who had completed a total of 20 years of active or inactive service in the Armed Forces were eligible for transfer to the Retired Reserve; however, the transfer only occurred upon the Soldiers' request. 

4. 
According to the HRC website, USAR Soldiers who have completed 20 or more qualifying years of service and who have received their 20-Year Letter are known as "Gray Area" retirees. A Gray Area retiree is entitled to many, but not all of the benefits available to retirees; specifically, "Gray Area" retirees do not have access to military medical facilities and cannot obtain healthcare benefits through Tricare. 

5. 
Per the DFAS website, USAR Soldiers with a DIEMS prior to 8 September 1980 have their retired pay computed under what the Defense Finance and Accounting Service terms the "Final Pay Plan." The "Final Pay Plan," calculates retired pay based on the monthly basic pay at the highest grade satisfactorily held on the date of retirement (regardless of when the Soldiers stopped their USAR participation). By contrast, USAR Soldiers in the Retired Reserve with a DIEMS date on or after 8 September 1980 benefit by the transfer because the longevity of their service in the Retired Reserve, along with any cost of living adjustments made prior to their retirement date, permit them to receive a higher amount of retired pay at age 60. USAR Soldiers, with the later DIEMS date, and who were discharged, vice transferred to the Retired Reserve, do not accrue such benefits; their retired pay is based on the pay rate in effect on the date of their discharge. 


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