BOARD DATE: 28 May 2020 DOCKET NUMBER: AR20190006862 APPLICANT REQUESTS: correction of her records to reflect transfer into the Retired Reserve. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self authored letter * Memorandum for Record – Notification of Eligibility for Retired Pay at Age 60 (20 Year letter) dated 26 January 2012 * ARPC Form 249-E (Chronological Statement of Retirement Points) dated 4 October 2012 * Order# 13-141-00067 dated 21 May 2013 * Order# D-11-423141 dated 4 November 2014 * Honorable Discharge certificate dated 4 November 2014 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, section 1552(b); however, the 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 that she received her 20 year letter in January of 2012 while she was deployed overseas. While deployed she was also placed on the Qualitative Retention Board (QRB) list in August of 2012 and subsequently placed in the Individual Ready Reserve (IRR) in 2013. She contests that instead of being placed in the IRR, she should have been transferred into the Retired Reserve to eventually retire from the United States Army Reserve (USAR) because she had already completed over 20 years in the USAR. In November of 2014 she was discharged from the USAR. 3. A review of the applicant’s available service records reflects the following on: a. On 22 December 1989 she enlisted in the USAR. b. On 26 January 2012 she obtained 20 years of qualifying Reserve service and was therefore eligible for retired pay on application at age 60. c. On 21 May 2013 (Order# 13-141-00067) she was released from her USAR assignment due to non-selection for retention by a QRB. Effective 31 July 2013, she was transferred into the IRR at the rank of Sergeant (SGT) / E-5. Her records are void of an election to transfer to either the IRR or the Retired Reserve if not selected for retention. d. On 4 November 2014 (Order# D-11-423141), she was honorably discharged from the IRR. 4. The applicant provides the following a: a. Memorandum for Record – Notification of Eligibility for Retired Pay at Age 60 (20 Year letter) dated 26 January 2012 (see 3b. above). b. ARPC Form 249-E (Chronological Statement of Retirement Points) dated 4 October 2012 reflective of 20 qualifying years of Reserve service. c. Order# 13-141-00067 dated 21 May 2013 (see 3c. above). d. Order# D-11-423141 dated 4 November 2014 (see 3d. above) e. Honorable Discharge certificate dated 4 November 2014 (see 3d. above) 5. See applicable regulatory guidance below under REFERENCES. BOARD DISCUSSION: The Board carefully considered the applicant’s request, supporting documents, and evidence in the record and found sufficient evidence to grant relief. The Board found that the applicant served 20 qualifying years of service and is entitled to a regular, USAR retirement at age 60. The applicant should have been transferred to the Retired Reserve vice the IRR on orders 13-141-00067, Nonselection by Selective or Qualitative Retention 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 amending Orders Number 13- 141-00067, Nonselection by Selective or Qualitative Retention Board, dated 21 May 2013, so that it reflects that the applicant was transferred to the Retired Reserves. 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, United States Code, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 135-178 (Enlisted Administrative Separations) states that the purpose of the Qualitative Retention Program (QRP) is to determine retention potential. In general, the QRP provides for a review every 2 years of RC Soldiers serving in the Army National Guard (ARNG) units and United States Army Reserve (USAR) Troop Program Units (TPU) who have 20 or more years of qualifying service for non-regular retired pay. Soldiers who were not selected for retention in ARNGUS units or USAR TPUs are considered fully qualified for continued participation in the USAR as assigned IRR Soldiers if they have not reached 60 years of age. A Soldier who has not been selected for retention by a Qualitative Retention Board will be transferred (ARNGUS) or reassigned (USAR) to the Retired Reserve or to the IRR depending on the Soldier’s option selection. The Soldier, when notified of pending board consideration, will indicate by endorsement to response memorandum the option preferred, if not selected for retention. These options are as follows: * Reassignment (USAR) or transfer (ARNGUS) to the Retired Reserve, if otherwise qualified * Reassignment (USAR) or transfer (ARNGUS) to the control group (Reinforcement) of the IRR 3. AR 140-10 (Assignments, Attachments, Details and Transfers) states that assignment to the Retired Reserve is authorized, with the exception of enlisted Soldiers subject to involuntary separation. The Soldier may not elect reassignment to the Retired Reserve in lieu of involuntary separation, unless specifically waived. The eligible Soldiers may be allowed to transfer if they: * Are entitled to receive retired pay from the U.S. Armed Forces because of prior military service or disability * 20 years of qualifying service for retired pay at age 60, and are eligible to receive the notification of eligibility (NOE) of Retired Pay at age 60 (20-year letter). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190006862 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1