ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 4 April 2019 DOCKET NUMBER: AR20160014372 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate for Release or Discharge from Active Duty) to show his authorization for a Reserve Component reduced-age retirement. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * Orders R-06-004223, U.S. Army Reserve Personnel Command, dated 27 June 2000 * Memorandum, U.S. Army Reserve Personnel Command, dated 12 February 2003, subject: Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter) * Orders R-06-004223A01, U.S. Army Reserve Personnel Command, dated 5 June 2003 * Orders R-06-004223A02, U.S. Army Reserve Personnel Command, dated 9 July 2003 * Orders C-11-398931, U.S. Army Human Resources Command (HRC), dated 25 November 2013 * Orders C-11-316040, HRC, dated 25 November 2013 * Orders C-11-316039A01, HRC, dated 12 December 2013 * DD Form 214 * DD Form 215 (Correction to DD Form 214) FACTS: 1. The applicant states: a. Issuance of DD Form 215 (Correction to the DD Form 214) is required to show his reduced-age retirement based on his active duty service performed under Title 10, U.S. Code, section 12301(d), as identified in his active duty orders, dated 27 June 2000 to 31 December 2013. b. In December 2013, Headquarters, Department of the Army G-1, officials failed to implement a standard to properly implement Department of Defense Instruction (DODI) 1215.07, regarding reduced-age retirement eligibility for all Army Transition Centers and the and HRC. HRC officials failed to properly train personnel accordingly to document this information on the DD Form 214. Thus, unexperienced Soldiers have to become aware of this eligibility in DODI 1215.07 and identify a method to correct the error and request issuance of a DD Form 215. c. His original separation paperwork completed in November 2013 identified the criteria and calculations according to DODI 1215.07. 2. After having prior commissioned Reserve Component service, the applicant was ordered to active duty in an Active Guard Reserve status for a period of 3 years effective 24 July 2000 with temporary duty en route effective 9 July 2000. U.S. Army Reserve Personnel Command Orders R-06-004223, dated 27 June 2000, show the authority as Title 10, U.S. Code, section 12301(d). 3. He was issued a Notification of Eligibility for Retired Pay at Age 60 (20-year letter) on 12 February 2003. 4. On 5 June 2003, his Active Guard Reserve orders were amended to change the period of active duty from 3 years to 3 years and 3 months. These orders were subsequently amended on 9 July 2003 to change his period of active duty from 3 years and 3 months to indefinite. His amendment orders show authority as Title 10, U.S. Code, section 12301(d). 5. HRC Orders C-12-390023, dated 30 December 2013, released him from active duty and assigned him to the U.S. Army Reserve Control Group (Reinforcement) effective 31 December 2013. His DD Form 214 shows he was released from active duty effective 31 December 2013 by reason of completion of required active service. 6. He was reassigned to the U.S. Army Reserve Control Group (Retired Reserve) effective 1 January 2014. 7. On 5 June 2018, the Chief, Personnel Actions Branch, HRC, provided an advisory opinion in response to the applicant's request and cited DODI 1215.07, enclosure 3, paragraph 5.c (Reduced Eligibility Age for Receipt of Retired Pay for Non-Regular Service), which states "Active duty pursuant to section 12301(d) of Title 10, United States Code (U.S.C.) for the purpose of Active Guard and Reserve (AGR) duty in accordance with section 12310 of Title 10, U.S.C. will not be included as service on active duty." 8. On 7 June 2018, the applicant was provided a copy of the advisory opinion for comment or rebuttal. He did not respond. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. The applicant’s contentions and the HRC advisory opinion were carefully considered. The advisory opinion states he is not entitled to the requested relief in accordance with public law. He did not provide a rebuttal to the advisory opinion to list errors within his record that may run contrary to public law. Based upon the preponderance of evidence, the Board agreed he is not eligible for the requested relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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. 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. The National Defense Authorization Act for Fiscal Year 2008 (FY 08) enacted the Reduced Retirement Age for Reserve Component Soldiers based on active duty performance. The National Defense Authorization Act for FY 08 reduces the retirement age for Reserve Component Soldiers from 60 to a lesser age, but not below age 50, for those who have served on active duty in an eligible status on or after 29 January 2008. For qualifying service on or after 29 January 2008, each day on that active duty tour could count toward reduction in retirement age. However, even though each day counts, days are credited in aggregates of 90 days only within any FY. A day of duty shall be included in only one aggregate of 90 days. Active duty, for this purpose, means service pursuant to a call or order to active duty on orders specifying, as the authority for such orders, a provision of law referred to in section 101(a)(13)(B), and performed under section 688, 12301(a), 12302, 12304, 12305, 12406, and chapter 15 (insurrection), or under section 12301(d) of Title 10, U.S. Code. 2. DODI 1215.07 (Service Credit for Non-Regular Retirement), pursuant to the authority in DOD Directive 5124.02, establishes policy, assigns responsibilities, prescribes procedures, and establishes requirements for the crediting of active Reserve service for Non-Regular retirement in accordance with chapter 1223 of Title 10. Paragraph 5 provides for reduced eligibility age for receipt of retired pay for Non-Regular service. Paragraph 5c states: Active duty pursuant to section 12301(d) of Reference (c) [Title 10, U.S. Code] for the purpose of Active Guard and Reserve duty in accordance with section 12310 of Reference (c) will not be included as service on active duty. 3. Title 10, U.S. Code, section 12310, prescribes the laws to organize, administer, and perform additional functions for the Reserve Components. It provides the authority which states the Secretary concerned may order a member of a Reserve Component under the Secretary's jurisdiction to active duty pursuant to section 12301(d) of this title to perform Active Guard Reserve duty organizing, administering, recruiting, instructing, or training the Reserve Components. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160014372 2 1