IN THE CASE OF: BOARD DATE: 21 July 2016 DOCKET NUMBER: AR20150011360 BOARD VOTE: ___x_____ ___x___ ____x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 21 July 2016 DOCKET NUMBER: AR20150011360 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 revoking Orders 117-1003, dated 27 April 2015, and issuing orders reassigning him to the Retired Reserve effective 19 March 2015. _____________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. IN THE CASE OF: BOARD DATE: 21 July 2016 DOCKET NUMBER: AR20150011360 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 transfer to the Retired Reserve. 2. The applicant states his expiration of term of service occurred before his retirement paperwork was submitted. He wants to change his status to retired. 3. The applicant provides: * Memorandum, subject: Reserve Component Survivor Benefit Plan (RCSBP) Automatic Election, dated 12 February 2014 * Orders 79-1040, Orders 117-1003, and Orders 117-1007 from Joint Force Headquarters, California Army National Guard (CAARNG) * DA Form 4187 (Personnel Action) * CA NG Form 137-1 (Unit Clearance Record (Out-Processing Procedures)) * ARNG Retirement Points History Statement CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army (RA) on 29 June 1994 and he held military occupational specialty 92G (Food Service Specialist). He reenlisted in the RA on 20 March 1997. 2. He enlisted in the CAARNG on 13 March 2001. 3. He was issued a DD Form 214 (Certificate of Release or Discharge from Active) releasing him from active duty on 19 March 2001 and transferring him to a CAARNG unit. He completed 6 years, 8 months, and 21 days of active service. 4. On 1 October 2013, he was issued his 20-Year Letter notifying him that he had completed the required years of service and would be eligible for retired pay upon application at age 60. 5. On 12 February 2014, he was issued a memorandum automatically enrolling him in the RCSBP. 6. On 11 January 2015, he acknowledged receipt of a Notification of Enlisted Qualitative Retention Board Review for further service in the CAARNG. He elected transfer/reassignment to the Retired Reserve, if qualified, in the event he was not selected for retention. 7. He provided the following CAARNG for: * Orders 79-1040, dated 20 March 2015, discharging him from the ARNG effective 19 March 2015 and placing him on the State ARNG Retired Roll * Orders 117-1003, dated 27 April 2015, discharging him from the ARNG effective 19 March 2015 * Orders 117-1007, dated 27 April 2015, revoking Orders 79-1040 8. On 13 May 2015, he was notified of his retention in the ARNG for 1 year. 9. He also provided: * DA Form 4187, dated 29 May 2015, wherein he requested transfer to the Retired Reserve, effective 14 November 2014 * CA NG Form 137-1, dated 29 May 2015, completed for unit out-processing for retirement; he indicated on this form that he had completed a DA Form 4187 requesting a transfer to the Retired Reserve * Chronological Statement of Retirement Points, dated 23 June 2015, showing he was credited with 21 years of qualifying service for nonregular retirement as of 15 September 2014 10. He will reach age 60 on XX June 2036. REFERENCES: Army Regulation 140-10 (Army Reserve – Assignments, Attachments, Details, and Transfers) prescribes policies to transfer U.S. Army Reserve Soldiers. Chapter 6-1 of the regulation states eligible Soldiers must request transfer to the Retired Reserve if they have complete a total of 20 years of active or inactive service in the U.S. Armed Forces. DISCUSSION: 1. The evidence shows the applicant was issued a 20-year letter on 1 October 2013. He had completed 21 years of qualifying service as of 15 September 2014. Orders were issued discharging him from the CAARNG effective 19 March 2015. In May 2015, he requested transfer to the Retired Reserve twice. 2. At the time of his discharge orders, he had completed over 20 years of qualifying service for retirement in 2015. Based on the regulatory guidance, he met the eligibility criteria for transfer to the Retired Reserve in March 2015 instead of being discharged. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011360 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011360 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2