BOARD DATE: 31 January 2020 DOCKET NUMBER: AR20170006693 APPLICANT REQUESTS: correction or adjustment to the following documents and/or personnel and finance systems: * U.S. Army Human Resources Command (HRC) Orders C02-791527, dated 22 February 2017, to show her date placed on the retired list as 31 January 2017 not 14 January 2017 * DD Form 2656 (Data for Payment of Retired Personnel) in block 3 (Retirement/Transfer Date) to show 31 January 2017 vice 14 January 2017 * Chronological History of Retirement Points to show "an additional 10 days of active duty" * retiree account pay adjustment by adding approximately 10 days of active duty training APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Oregon National Guard (ORNG) Orders 003-019, dated 3 January 2017 * National Guard Bureau (NGB) Form 22 (National Guard Report of Separation and Record of Service) with an effective date of 31 January 2017 * HRC Orders 02-791527, dated 22 February 2017 * DD Form 2656 * Email from OR Army National Guard (ORARNG), dated 14 April 2017 FACTS: 1. The applicant states HRC published orders showing an incorrect date. Based on the incorrect date on her retirement orders, her DD Form 2656 is also incorrect. The State of Oregon used her correct date of retirement of 31 January 2017, based off her mandatory removal date. She performed active duty during the period from on or about 17 January 2017 through on or about 30 January 2017 and based on the incorrect retirement date on her HRC orders, she was not properly paid. She states her Defense Finance and Accounting Service (DFAS) Retiree Account Statement is also incorrect because it does not show her final 10 days of active duty which should be included in her retirement point calculation. 2. The applicant was born in . With prior enlisted service in the ORARNG, the applicant was appointed a warrant officer in the ORARNG on 21 June 1999. 3. On 27 June 2005, the Oregon Military Department issued the applicant a Twenty Year Letter informing her she had completed the required years of service for non- regular retirement upon application at age 60 under the provisions of Title 10, U.S. Code, chapter 1223. 4. On 23 May 2010 she was promoted to the rank and grade of chief warrant officer four (CW4)/pay grade CW4 in the ORARNG. Accordingly on 26 May 2010, the National Guard Bureau published Special Orders Number 109 AR announcing the applicant was extended federal recognition in the Army National Guard of the United States (ARNGUS) in the rank and pay grade of CW4 with an effective date of 23 May 2010. 5. The applicant’s interactive Personnel Electronic Records Management System (iPERMS) record contains an ARNG Retirement Points History Statement dated 9 January 2016 showing her retired pay eligibility date as 14 January 2017. In 2016, she had 29 years of creditable service for retired pay with a total of 5,138 total points for retired pay. An electronic personnel qualification record also filed in her iPERMS record shows her expiration of her Ready Reserve obligation date as 31 January 2017. This date is also shown as her mandatory removal date. 6. On 3 January 2017, the ORARNG published Orders 003-019 separating her from the ORARNG effective 31 January 2017 and transferring her to the U.S. Army Reserve Control Group (Retired). 7. On 4 January 2017, the NGB published Special Orders Number 1 AR withdrawing her federal recognition as a member of the ORARNG. 8. On 22 February 2017, HRC published Order C02-791527 placing her on the retired list effective 14 January 2017 in pay grade CW4. She was authorized retired pay under the provisions of Title 10, U.S. Code, section 12731. 9. The applicant provided the following evidence which is not filed in her iPERMS record: a. NGB Form 22 showing she was transferred to the U.S. Army Reserve Control Group (Retired) effective 31 January 2017. She had 30 years, 10 months and 3 days of total service for (non-regular) retired pay. b. DD Form 2656 prepared by a member of the ORARNG and authenticated by the applicant on 8 February 2017. Based on the publication of HRC Orders C02-791527, the applicant’s retirement date is shown as 14 January 2017 in block 3. c. On 14 April 2017, a staff member of the ORARNG informed the applicant it could not correct her records (DD Form 2656 and HRC Orders C02-791527) to show her retired date as 31 January 2017 and for her to apply to the Army Board for Correction of Military Records (ABCMR). 10. On 28 January 2020, a staff member of the Army Board for Correction of Military Records contacted the applicant requesting she provide finance documents to support her contention her finance records do not show the 10 days she performed active duty training after 14 January 2017. The applicant responded and said upon further review of her own personal finance records her retirement points accurately reflect the 10 days of active duty training performed after 14 January 2017. She asked the Board without prejudice to not consider her contention that her finance records (chronological statement of retirement points and her retiree pay statement) should be corrected. 11. Army Regulation 135-175 (Separation of Officers), states, in chapter 4 (Discharge of Army Reserve Officers), when Federal recognition of ARNGUS officers is withdrawn for, among other reasons, reaching maximum age or maximum length of service, that officer will be discharged from Reserve status, unless qualified for, and has requested, transfer to the Retired Reserve. When an officer is discharged because of reaching the maximum allowable age, the effective date of discharge is the last day of the month in which maximum age is attained. 12. Army Regulation 140-10 (Assignments, Attachments, Details, and Transfers) states in paragraph 7–3 (Maximum age (removal rule 2)) that Soldiers removed under this rule will be transferred to the Retired Reserve, if eligible, unless discharge is requested. Soldiers not sooner removed for another reason will be removed when they reach maximum age. Removal date will be the last day of the month in which they reach the age of 60 for commissioned warrant officers who have earned 20 years of qualifying service for retired pay prior to age 60. BOARD DISCUSSION: The Board agreed that a preponderance of the evidence confirms an error occurred in the preparation of orders placing the applicant on the retired list. Regulatory guidance clearly states that warrant officers removed from an active status based on their age will be removed on the last day of the month in which they reach age 60. The Board determined that in this case the orders should have shown 31 January 2017 as the date placed on the retired list, and this should also be the date recorded in block 3 of her DD Form 2656. 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: a. amending Orders C02-791527, issued by the U.S. Army Human Resources Command on 22 February 2017, to show the date placed on the retired list as 31 January 2017. b. correcting her DD Form 2656, signed on 8 February 2017, to show "20170131" in block 3 (Retirement/Transfer Date). 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, U.S. Code, section14514 (Discharge or retirement for years of service or after selection for early removal), each reserve officer of the Army, Navy, Air Force, or Marine Corps who is in an active status and who is required to be removed from an active status or from a reserve active-status list, as the case may be, under section 14507, 14508, 14704, or 14705 of this title (unless the officer is sooner separated or the officer’s separation is deferred or the officer is continued in an active status under another provision of law), in accordance with those sections, shall – (1) be transferred to the Retired Reserve if the officer is qualified for such transfer and does not request (in accordance with regulations prescribed by the Secretary concerned) not to be transferred to the Retired Reserve; or (2) be discharged from the officer's reserve appointment if the officer is not qualified for transfer to the Retired Reserve or has requested (in accordance with regulations prescribed by the Secretary concerned) not to be so transferred. 2. Army Regulation 135-175 (Separation of Officers), states, in chapter 4 (Discharge of Army Reserve Officers), when Federal recognition of ARNGUS officers is withdrawn for, among other reasons, reaching maximum age or maximum length of service, that officer will be discharged from Reserve status, unless qualified for, and has requested, transfer to the Retired Reserve. The effective date of the orders will be at 2400 hours of the date of notice of discharge unless: * specifically directed otherwise by Headquarters, Department of the Army (HQDA) * directed otherwise in this regulation * discharged because of reaching the maximum allowable age with the effective date of discharge the last day of the month in which maximum age is attained * discharged in grade of major general or below because the maximum years of service authorized in Army Regulation 140-10 have been completed (The effective date of discharge will be at 0001 hours on the first day of the month after the month the officer completes the maximum years of service for the officer’s grade.) 3. Army Regulation 140-10 (Assignments, Attachments, Details, and Transfers) prescribes policies, responsibilities, and procedures to assign, attach, detail, remove, or transfer U.S. Army Reserve (USAR) Soldiers. a. Paragraph 7–2 (Length of service (removal rule 1)) states when computing a Reserve officer’s years of service, include all service of the officer as a commissioned officer of a uniformed service other than the following: * service as a warrant officer * constructive service * service after appointment as a commissioned officer of a Reserve component while in a program of advanced education to obtain the first professional degree required for appointment, designation, or assignment to a professional specialty, but only if that service occurs before the officer commences initial service on active duty or initial service in the Ready Reserve in the specialty that results from such a degree * an exclusion under subsection noted above does not apply to service performed by an officer who previously served on active duty or participated as a member of the Ready Reserve in other than a student status for the period of service preceding the member's service in a student status b. Paragraph 7–3 (Maximum age (removal rule 2)) states Soldiers removed under this rule will be transferred to the Retired Reserve, if eligible, unless discharge is requested. Soldiers not sooner removed for another reason will be removed when they reach maximum age. Removal date will be the last day of the month in which they reach the age stated below: * age 60 for general officers, field and company grade officers * commissioned warrant officers who have earned 20 years of qualifying service for retired pay prior to age 60 * age 62 for warrant officer other than commissioned warrant officers * the removal date for commissioned warrant officers who have not yet earned 20 years of qualifying service for retired pay prior to age 60, except that removal will be upon completion of 20 years of qualifying service plus 60 days, if completed prior to age 62 //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170006693 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1