IN THE CASE OF: BOARD DATE: 20 April 2021 DOCKET NUMBER: AR20200001589 APPLICANT REQUESTS: in effect, that his 16 October 2006 U.S. Army Reserve (USAR) discharge orders be revoked and that he be transferred to the Retired Reserve instead. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * 2006 U.S. Army Reserve Discharge Orders * 2019 Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter) * Chronological Statement of Retirement Points * 2019 Retirement Order 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 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 he was discharged from the U.S. Army Reserve in 2006, when he should have been retired (i.e., transferred to the Retired Reserve). He needs this issue resolved. He served for 25 years, 5 months, and 26 days in a Reserve Component. He accumulated a total of 2.651 points towards retirement. He was placed on the retired list in May 2019 but because he was discharged instead of retired, he is unable to receive his retirement benefits. 3. Review of the applicant's service records shows: a. He was born in 1959. He enlisted in the U.S. Army Reserve in September 1980. He served through multiple reenlistments in a variety of assignments. He last reenlisted on 21 August 1998 for 6 years. b. He entered active duty on 23 January 2003 and served in Kuwait/Iraq. He was honorably released from active duty on 21 December 2003. c. He entered active duty on 30 September 2004. He served in Iraq from 22 November 2004 to 10 November 2005. He was honorably released from active duty on 22 December 2005. He was transferred to the 542nd Transportation Company in Kingsbury, IN. d. On 1 September 2006, he was reassigned from 542nd Transportation Company in Kingsbury, to 656th Transportation Company, Kingsbury, IN. e. On 16 October 2006, Headquarters, 88th Regional Readiness Command published Orders 06-289-00005 honorably discharging him from the USAR effective 16 October 2006, in accordance with Army Regulation (AR) 135-178 (U.S. Army Reserve Enlisted Administrative Separations). f. On 28 September 2017, the U.S. Army Human Resources Command (HRC) issued him a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter). g. On 12 April 2019, he applied for retired pay at age 60. h. On 22 July 2019, HRC published Orders C07-995150 placing him on the retired list effective 29___ 2019. His current DA Form 5016 (Chronological Statement of Retirement Points) shows he completed AHRC Form 249-E shows he completed 22 years and 1 days of qualifying service for retired pay. 4. By regulation (AR 140-10), which sets forth the basic authority for the assignment, attachment, detail, and transfer of USAR Soldiers, 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: 1. After reviewing the application and all supporting documents, the Board found that relief was warranted. 2. The Board considered the applicant’s statement, his record of service, the qualifying years of service for retirement reflected on his DA Form 5016, the date of his separation, the Notification of Eligibility for Retired Pay at Age 60 and HRC Orders C07- 995150 placing him on the retired list. The Board found that the applicant was eligible to request transfer to the Retired Reserve at the time of his separation. This eligibility was confirmed by the 20-year letter and retirement orders published by HRC. Based on a preponderance of evidence, the Board determined that a correction to his separation orders was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XX :XXX :XXX 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 to show: - The applicant requested transfer to the Retired Reserve at the time of his separation from the USAR (16 October 2006), and; - By amending Headquarters, 88th Regional Readiness Command published Orders 06-289-00005 honorably discharging him from the USAR effective 16 October 2006 to show his transfer to the Retired Reserve. 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 140-10 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// ABCMR Record of Proceedings (cont) AR20200001589 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1