ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF:
BOARD DATE: 29 October 2019 
DOCKET NUMBER: AR20160019476

APPLICANT REQUESTS: his U.S. Army Reserve (USAR) discharge orders be revoked 
and that he be transferred to the Retired Reserve.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:
DD Form 149 (Application for Correction of Military Record) 
FACTS:
1.	The applicant states he is requesting a correction of his military records and he 
would like to request the revocation of the USAR discharge order and the issuance of a 
reassignment order to the Retired Reserve.

2.	Review of the applicant’s service records shows:

   a.	The applicant's records show he was born in October 1963. He will reach 60 
years of age in January 2023.

   b.	Having had prior enlisted service in the Regular Army, he enlisted in the USAR 
on 27 April 1989.  He served in a variety of assignments.

   c.	On 22 December 2011, the U.S. Army Human Resources Command issued him 
a Notification of Eligibility for Retired Pay at Age 60 (20 Year Letter).

   d.	On 29 May 2014, Headquarters, 99th Regional Support Command, Fort Dix, NJ 
published Orders 14- 149-00103 honorably discharging him from the USAR effective 29 
May 2014, in accordance with Army Regulation (AR) 135-178 (Army National Guard 
and U.S. Army Reserve Enlisted Administrative Separations).

   e.	His DA Form 5016 (Chronological Statement of Retirement Points) shows he 
completed over 23 years of qualifying service for non-regular retirement.

3.	By regulation (AR 140-10), chapter 7 relates to the removal of Soldiers from an 
active status and states in pertinent part that Soldiers removed from an active status will



be discharged or, if qualified and if they so request, will be transferred to the Retired 
Reserve.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was 
warranted.  There is no error in his discharge because there is no evidence he applied 
to transfer to the Retired Reserve. However, based upon the applicant completing over 
20 years of service, the Board concluded it would create an injustice to not allow the 
applicant to be transferred to the Retired Reserve.  For that reason, the Board 
concluded that granting relief was appropriate.

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 
the Army records of the individual concerned be corrected by amending his discharge 
orders, dated 29 May 2014 to show he was transferred to the Retired Reserve.


 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.



REFERENCES:

Army Regulation 140-10 (Army Reserve Assignments, Attachments, Details, and 
Transfers) prescribes policies, responsibilities, and procedures to assign, attach, detail, 
remove, or transfer USAR Soldiers. It sets forth the basic authority for the assignment, 
attachment, detail, and transfer of USAR Soldiers. Chapter 7 of the regulation relates to 
the removal of Soldiers from an active status and states in pertinent part that Soldiers 
removed from an active status will be discharged or, if qualified and if they so request, 
will be transferred to the Retired Reserve.

NOTHING FOLLOWS