ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 17 September 2021 DOCKET NUMBER: AR20200009922 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 21 June 2004, to show he was transferred to the Retired Reserve instead of discharged. A personal appearance before the Board. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214, ending on 21 June 2004 * Memorandum, Subject: Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter), dated 2 February 2000 * Memorandum, Subject: Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter), dated 30 October 2008 * DA Form 5016 (Chronological Statement of Retirement Points), dated 4 November 2020 * Orders Number 118-0103, dated 27 April 2004 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code (USC), 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 according to the U.S. Army Human Resources Command (HRC) on 5 November 2020, he was advised that the DD Form 214, block 23 (Type of Separation) was incorrect in order to complete, submit for, and receive his retirement pay at age 60, on 7 August 2021. He was recalled back to active duty with assignment to Fort Monroe, Virginia for three years after returning from a Bosnia presidential mobilization. The attached DD Form 214 covers those three years. In DD Form 214, block 9 (Command to Which Transferred) U.S. Army Reserve (USAR) Control Group (Reinforcement), St Louis, MO. However, Block 23 was marked in error as "Discharge" and not as "Transfer to Retired Reserve." Because of this error, he has received no correspondence regarding Special Separation Benefit entitlements or a formal packet to apply for retired pay benefits since he left active service in June 2004. Without correcting block 23 to Transfer to Retired Reserve he will not be able to apply for or receive his Reserve retirement pay once he reaches age 60, starting on 7 August 2021. 3. A review of the applicant's official records shows: a. On 7 May 1982, the applicant was appointed as a Reserve commissioned officer and executed an oath of office. b. On 2 February 2000, the Adjutant General's Department, Austin, TX, issued the applicant a Memorandum, Subject: Notification of Eligibility for Retired Pay at Age 60, which informed him he had completed the required years of service to be eligible for retired pay upon application at age 60. c. On 1 March 2001, Orders Number A-03-004646, issued by the U.S. Total Army Personnel Command, St. Louis, MO, ordered the applicant to active duty for a period of 3-years with assignment to Headquarters, U.S Army Training and Doctrine Command, Fort Monroe, Virginia. The purpose was to fulfill an active Army requirement. d. On 21 June 2004, the applicant was honorably discharged from active duty. DD Form 214, item 9 shows he was transferred to the USAR Control Group (Reinforcement), and item 23 shows "discharge." He completed 3 years of net active service, with 11 years, 7 months, and 23 days of prior active service, and 10 years and 28 days of prior inactive service. d. On 30 October 2008, HRC issued a Memorandum, Subject: Notification of Eligibility for Retired Pay at Age 60 which informed him he had completed the required years of service to be eligible for retired pay upon application at age 60. e. On 30 June 2021, Orders Number C06-194329, issued by HRC, Fort Knox, KY, placed the applicant on the Retired list effective 7 August 2021. Prior to this, the applicant's record was void of any orders placing him on the Retired list. f. DA Form 5016, dated 13 September 2021, does not reflect the applicant was placed on the retired list for the retirement year beginning on 1 October 2000 and ending 21 June 2001. 4. The applicant provides Orders Number 118-0103, issued by Headquarters, Fort Monroe, Virginia, which released the applicant from his assignment and reassigned him to the U.S. Army transition point for transition processing. He was further assigned to the USAR Control Group (Reinforcement). BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. Evidence of record shows the applicant achieved 20-years or more of retirement service credit before being discharged while in the Reserve Component. However, he was discharged instead transferred to the Retired Reserves. The Board determined there is sufficient evidence that shows an error occurred when his DD Form 214 was created. 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 DD Form 214 for the period ending 21 June 2004 by showing: a. block 9 - U.S. Army Control Group (Retired Reserves), 1 Reserve Way, ST Louis, MO 63132; and b. block 23 – Released from Active Duty 2/15/2022 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: 1. Title 10, USC, 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 ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 635-5 (Separation Documents) in effect at the time prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army. The DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Item 9 (Command to Which Transferred) item 9 Entry Determinations (table 2-1). Table 2-1 states release from active duty with a remaining statutory service or contractual obligation (includes release from Regular Army, Active Guard/Reserve, Active Duty Special Work, Full Time National Guard, Presidential call to active duty, or mobilization status enter USAR Control Group (Annual Training or Reinforcement as appropriate) AR–PERSCOM, 1 Reserve Way, St. Louis, MO 63132–5200. Item 23; enter the appropriate term listed below: * Release from active duty * Discharge * Retirement * Release from active duty and order to active duty in another status * Release from Active Duty Training (ADT) * Release from custody and control of the Army * Release from ADT and discharge from the Reserve of the Army and return to the Army National Guard 3. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS//