ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 October 2019 DOCKET NUMBER: AR20160014447 APPLICANT REQUESTS: in effect, revocation of her discharge from the United States Army Reserve (USAR) and assign her to the USAR Control Group (Retired Reserve). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 293 (Application for Review of Discharge) * Army Reserve Component Achievement Medals * Army Reserve Components Overseas Training Ribbon * Armed Forces Reserve Medal * notification of eligibility for retired pay at age 60 (20 Year Letter) * DA Form 5016 (Chronological Statement of Retirement Points) * Army Achievement Medal * DD Form 214 (Certificate of Release or Discharge) * DD Form 256A (Honorable Discharge Certificate) * 98th Division (Institutional Training) Order Number 06-130-00006 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states in effect, she requests discharge from the USAR be revoked and be assigned to the USAR Control Group (Retired Reserve) as she had honorably completed more than 20 years of service for retirement. 3. A review of the applicant’s service record shows: a. She enlisted in the USAR on 24 April 1982 and reenlisted in the USAR on 22 April 1988, 17 March 1991, 16 March 1994, 9 February 1997 and4 December 1999. b. U.S. Army Reserve Personnel Command memorandum, dated 28 May 2003, shows she was notified of her eligibility for retired pay at age 60 (20 year Letter). c. Headquarters, 98th Division (Institutional Training) Order Number 06-130-00006, dated 10 May 2006, shows she was discharged from the USAR on 9 June 2006 with an honorable characterization of service under provision of Army Regulation (AR) 135-178 (Army National Guard and Army Reserve – Enlisted Administrative Separations). She was held beyond her normal discharge date through no fault of her own. d. DA Form 5016, dated 10 October 2019, shows on 9 June 2006 she completed 23 years of service towards retirement. 4. By regulation 135-178, a Soldier is entitled to be discharged on the expiration of his or her service obligation and normally will be discharged unless action is taken to retain the Soldier beyond such expiration date. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was warranted. Based upon the applicant completing over 23 years of service, the Board concluded that the applicant was not properly trained by unit personal on the retirement process and not allowing her discharge to be revoked and transferring her to the USAR Control Group (Retired) would create an injustice which should be corrected by the Board. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X 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 Army records of the individual concerned be corrected by revoking her discharge from the United States Army Reserve (USAR) and assigning her to the USAR Control Group (Retired Reserve) with an effective date of 9 June 2006. 8769 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 135-178 (Enlisted Administrative Separations), in effect at the time, provides general guidance which applies when referenced under the reasons for separation in this regulation. Paragraph 2-15 (Discharge after expiration of service obligation), a Soldier is entitled to be discharged on the expiration of his or her service obligation and normally will be discharged unless action is taken to retain the Soldier beyond such expiration date. 3. Army Regulation (AR) 140-10 (Assignments, Attachments, Details, and Transfers), in effect at the time, prescribes policies, responsibilities and procedures to assign, attach, detail, remove or transfer U.S. Army Reserve (USAR) Soldiers. a. Chapter 6 (Transfer to and from the Retired Reserve), assignment to the retired reserve is authorized as listed. Eligibly Soldiers must request transfer if: * entitled to retired pay from U.S. armed forces because of prior military service * completed a total of 20 years of active or inactive service in the U.S. armed forces * medically disqualified for active duty resulting from a service connected disability * appointed based on the condition the Soldier immediately apply for transfer to the retired reserve * reached age 37 and completed a minimum of 8 years of federal service * reached age 37 completed a minimum of 8 years qualifying federal service and served at least 6 months on active duty in time of war or national emergency * completed 10 years or more active federal commissioned service * medically disqualified not a result of won misconduct for retention on an active status or entry on active duty regardless of the total years of service completed b. Chapter 7 (Removal from Active Status), transfer to the retired reserve is authorized when requested by Soldiers who are eligible. NOTHING FOLLOWS