ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 3 February 2020 DOCKET NUMBER: AR20160014267 APPLICANT REQUESTS: to be placed in the Retired Reserve. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Copy of Discharge Certificate * Orders D-12-322598 FACTS: 1. The applicant states he is requesting to be placed in the IRR and then the Retired Reserve. He believes his discharge was handled poorly and unprofessional by his command. He was never notified of any options such as IRR or Retired Reserve. His unit just gave him a discharge due to not being retainable due to Qualitative Retention Board (QRB). He would like to retain what he believes he is entitled to or earned for 29 years of service such as cost of living allowance or any other entitlements given to other service members in his status upon retirement. He was not given any options nor did he give his consent or allowed to give any feedback on his status. He reports he was not given the option of IRR or Retired Reserve options given to him by 325th Combat Support Hospital. 2. The applicant provides: * Copy of Discharge Certificate dated 24 December 2013 * Orders D-12-322598 shows the applicant was honorably discharged from the United States Army Reserve effective 24 December 2013 3. A review of the applicant’s records show: * 20 January 1984 - enlisted in the Delayed Entry Program * 10 September 1984 - enlisted in the United States Marine Corp (USMC) * 19 November 1997 - discharged from the USMC * 20 February 1997 - enlisted in the United States Army Reserves * 22 March 2007 - received a twenty year letter stating he was eligible for retired pay at age 60 * 19 October 2012 – memo from the applicant to his commander stating if he is not selected for retention, he chooses the following option: a. Transfer reassignment to Control Group Reinforcements of the Individual Ready Reserve * 13 November 2012- DA Form 4856 (Developmental Counseling Form) signed by the applicant where he checks the box he agrees with information stating he requests reassignment to the IRR and the counselor signed statement that says the counselor discussed all aspects of reassignment in the IRR and answered questions in regards to QRB * 15 December 2012 - DA Form 4651 (Request for Reserve Component Assignment or Attachment) showing he requested to be transferred to the IRR * 1 February 2013 - Orders 13-032-00044 shows applicant was transferred to US Army Reserve Control Group (Reinforcement) due to Nonselection by Selective or QRB * 30 March 2013 - transferred to the IRR due to Qualitative Retention Board non-selection for retention in accordance with AR 140-10, Ch 7, para 7-8(i) Transfer to the IRR, QRB Non-selected for retention * 24 December 2013 - received discharge orders due to his 18 December 2013 Expiration Term of Service date passing 4. The Army Reserve G-1 reviewed the applicant’s records and rendered an opinion: In 2012 the Army QRB identified the applicant for removal. His command provided him with an election of options and he chose to transfer to the IRR. Therefore, the 88th Regional Readiness Command published an order at his request. HRC simply has to publish a revocation of discharge orders and then a reassignment to the retired reserve order. The Army Reserve does not need to be involved. However, the Soldier did not request the assignment to the retired reserve according to his military documents. A copy of the complete advisory opinion has been provided to the Board for their review and consideration. 5. The Army Human Resources Command (HRC) reviewed the applicant's records and rendered an advisory opinion in his case. a. HRC said the applicant transferred from the 88th Regional Support Command to the IRR on 30 March 2013 due to QRB non-selection for retention. His contractual obligation was scheduled to end 18 December 2013. HRC uses Automated Orders and Resources System (AORS) to issue orders. Discharge orders are automatically issued when IRR Soldiers’ ETS dates pass. That is what happened to the applicant. Discharge orders were issued on 24 December 2013. The applicant contacted HRC several times to transfer to the Retired Reserve from discharge status and he was referred to Army Review Boards Agency. b. HRC can revoke the discharge order, but HRC needs the authority to change the transfer order issued by the 88th Regional Support Command. What needs to happen is HRC revokes discharge, 88th Regional Support Command amends the transfer order to read “USAR Control Group, Retired” and send a copy to HRC who can make the database match the orders. A copy of the complete advisory opinion has been provided to the Board for their review and consideration. 6. Army Regulation 135-180 (Qualifying Service for Retired Pay Nonregular Service) this regulation implements statutory authorities governing the granting of “retired pay” to soldiers and former reserve components soldiers. a. It is the responsibility of each qualified individual to submit his or her application for retired pay. DD Form 108 (Application for Retired Pay Benefits) (10 USC 1331) is the only form on which application for this pay will be made. Approximately 6 months prior to reaching age 60, eligible soldiers assigned to the Retired Reserve will receive DD Form 108 (Application for Retired Pay Benefits) and DA Form 4240 (Data for Payment of Retired Army Personnel). b. Under section 1331(d) of title 10, USC, each reserve component soldier who completes the service required to be eligible for retired pay at age 60 under this regulation will be notified in writing within 1 year after he or she has completed that service. This notification will be issued at the time 20 satisfactory years of service is completed. The notification will be issued to those individuals credited with 20 years of qualifying service prior to discharge or transfer to the Retired Reserve. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was warranted. Based upon the record of the applicant, the evidence to show the applicant was never trained or informed on potential options at the time of separation and the HRC advisory, the Board concluded there was an error or injustice which would warrant a correction to the record. Therefore, the Board recommended revoking the discharge order and placing the Soldier into the Retired Reserve. 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: 1) the original discharge order for the applicant be revoked. 2) issue a new order placing the applicant into the Retired Reserve, effective 24 December 2013. 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 135-180 (Qualifying Service for Retired Pay Nonregular Service) this regulation implements statutory authorities governing the granting of “retired pay” to soldiers and former reserve components soldiers. a. It is the responsibility of each qualified individual to submit his or her application for retired pay. DD Form 108 (Application for Retired Pay Benefits) (10 USC 1331) is the only form on which application for this pay will be made. Approximately 6 months prior to reaching age 60, eligible soldiers assigned to the Retired Reserve will receive DD Form 108 (Application for Retired Pay Benefits) and DA Form 4240 (Data for Payment of Retired Army Personnel). b. Under section 1331(d) of title 10, USC, each Reserve components soldier who completes the service required under paragraph 2–1 to be eligible for retired pay at age 60 under this regulation will be notified in writing within 1 year after he or she has completed that service. This notification will be issued at the time 20 satisfactory years of service is completed. The notification will be issued to those individuals credited with 20 years of qualifying service prior to discharge or transfer to the Retired Reserve. ABCMR Record of Proceedings (cont) AR20160014267 2 1