IN THE CASE OF: BOARD DATE: 25 October 2021 DOCKET NUMBER: AR20210011028 APPLICANT REQUESTS: in effect, * military retirement orders placing him in the Retired Army Reserves * amendment to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he is in the retired reserve APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-Authored Letter * Medical Evacuation Orders * 2 x Orders to be Retained on Active Duty * 20 Year Letter * Physical Evaluation Board (PEB) * 2 x Amendment Orders * Separation Order * DD Form 214 * Chronological Statement of Retirement Points * Emails FACTS: 1. The applicant states, on his application and in his self-authored letter, in effect: a. He was discharged from the service and not placed in the Retired Army Reserves as requested after completing the PEB process. His DD Form 214 states he was discharged from the service after he had requested to be placed in the Retired Reserves. He completed 21 years of service and received his 20-year letter from the US Army Reserves (USAR). b. His is requesting the Board's assistance in correcting his military record, specifically, he was incorrectly separated from the USAR after discharge from Fort Belvoir Warrior Transition Unit in February 2018. c. He completed the Integrated Disability Evaluation System (IDES) process and received his rating from the Department of Veteran Affairs (VA). He received and completed his PEB, which he provided for the Board's consideration, and requested to be transferred to the Retired Reserves in lieu of being separated for disability. He provided the medical liaison a copy of his 20-year letter, which he provided for the Board's consideration, to add to his packet; however, the required reserve retirement order was never requested to complete the transfer. He was, therefore, separated from service on 29 February 2018. d. His original separation order (074-0007) was amended on 18 March 2018 to reflect his request to be transferred to the Retired Reserves; however, he was told he was no longer in the system of records, therefore, the reserve retirement orders could not be processed. e. He currently is unable to receive any of the gray area retirement benefits to include access to any military installation. He's provided a copy of all documents he believes are in support of his request for a record correction to include a reserves retirement order, corrected DD Form 214, and transfer into the retired reserve for the Board's consideration. 2. On 3 January 2003, the applicant, at the age of 19 years old, joined the USAR for a period of 3 years. 3. On 2 July 2010, orders were published releasing the applicant from active duty not by reason of physical disability. He had been ordered to active duty in support of Operation Enduring Freedom. 4. The applicant provides Medical Evacuation of Reserve Component Soldiers for Continued Medical Care orders published on 10 December 2016, which show it was a temporary change of station for continued medical treatment. 5. The applicant provides orders published on 20 December 2016 retaining him on active duty to participate in reserve component medical hold transfer for completion of medical care and treatment. 6. On 8 February 2017, the applicant received a letter subject: Notification of Eligibility for Retired Pay at Non-Regular Retirement (20-Year Letter). He had completed the required years of qualifying reserve service and was eligible for retired pay upon application at age 60. 7. The applicant provides orders published on 22 May 2017 retaining the applicant on active duty to participate in reserve component medical hold transfer for completion of medical care and treatment. On 30 November 2017, the orders end date was amended from 13 December 2017 to 10 June 2018. 8. The applicant provides an Informal PEB Proceedings, which occurred on 27 November 2017. The board found the applicant was physically unfit and recommended a rating of 10 percent and that he be separated from the service with severance pay. The applicant concurred with the findings and waived a formal hearing of his case. He did not request reconsideration of his VA ratings. 9. The applicant provides orders published on 13 December 2017 reassigning him to the US Army transition point for transition processing. After processing, he was discharged from the service. On 15 March 2018, the orders were amended to show the applicant was transferred to the retired reserve in lieu of being separated for disability with entitlement to disability severance pay. 10. On 25 February 2018, the applicant was issued a DD Form 214, which shows he was in the USAR and not transferred to another unit. He had entered active duty on 19 February 2016. He had completed 10 months and 4 days of active duty service this period. He had 13 years, 6 months, and 8 days of total prior active duty service and 10 years and 17 days of prior inactive service with 9 months and 19 days of foreign service. he served in Afghanistan from 19 February 2016 to 7 December 2016. The type of separation was discharge. The narrative reason for separation was disability, severance pay, noncombat and his character of service was honorable. He was authorized or awarded the: * Bronze Star Medal * Meritorious Service Medal * Army Commendation Medal (2nd Award) * Army Achievement Medal (7th Award) * Army Good Conduct Medal * Army Reserve Component Achievement (5th Award) * National Defense Service Medal (2nd Award) * Global War on Terrorism Expeditionary Medal * Global War on Terrorism Service Medal * Humanitarian Service Medal * Noncommissioned Officer Professional Development Ribbon (2nd Award) * Army Service Ribbon * Overseas Service Ribbon (2nd Award) * Army Reserve Component Overseas Training Ribbon * Armed Forces Reserve Medal * Armed Forces Reserve Medal with M Device * 20 Year Silver Hourglass (3rd Award) * NATO Medal 11. The applicant provides a Chronological Statement of Retirement Points, dated 27 September 2018, which shows, the applicant enlisted in the USAR delayed entry program on 27 September 1993. He entered active duty on 4 November 1993 and was discharged on 3 November 1998. On 4 November 1998 he enlisted in the USAR. He had a break in service from 7 November 2001 to 2 January 2003. He reenlisted in the USAR on 3 January 2003 and was discharged on 25 February 2018. He had a total of 21 years, 1 month, and 25 days of service. 12. The applicant provides emails wherein they were requesting orders to transfer the applicant into the Retired Reserves. 13. In the processing of this case, an advisory opinion was obtained on 16 September 2021 from Retirement Services Officer, Headquarters, United States Army Reserve Command. The advisory official stated records show the applicant successfully served 21 years of creditable service towards retirement and received his 20-year letter. He was erroneously discharged on 25 February 2018 instead of transferring him to the retired reserve. The orders were amended on 15 March 2021 and transferred him to the retired reserve; however, Human Resources Command (HRC) continues to show his records as archived instead of retired. The advisor recommended updating his Army personnel records to reflect was retired and correct his DD Form 21 type of separation from discharged to retirement. A copy of the complete advisory opinion has been provided to the Board for their review and consideration. 14. The applicant was provided a copy of this advisory opinion on 16 September 2021, to provide him an opportunity to comment and/or submit a rebuttal. He did not respond. 15. The applicant is requesting correction of his records to show he is in the retired reserve. a. The applicant records show he completed over 21 years of creditable service toward retirement and received his 20-year letter. b. Orders were cut amending his discharge orders placing him in the retired reserve; however, HRC shows him as discharged and not retired. BOARD DISCUSSION: After reviewing the application, all supporting documents and the evidence found within the military record, the Board determined that relief was warranted. The applicant’s contentions, military record and regulatory guidance were carefully considered. The Board considered the available advisory opinion and concurred with the advisory official’s recommendation. Based on the preponderance of evidence available for review, the Board determined the evidence presented sufficient to warrant a recommendation for relief. 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 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 * providing him a copy of his amended discharge orders 074-0007 showing he was transferred to the retired reserves effective 25 February 2018 * correcting his status in the U.S. Army Human Resource Command Soldier Management System from Y (Archived) to R (Retired) * correcting his DD214 to show in block 23 (type of separation): Retirement 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. Army Regulation 135-180 (Qualifying Service for retired Pay Non-Regular Service) implements statutory authorities governing the granting of "retired pay" to Soldiers and former Reserve Component Soldiers. Chapter 2 provides eligibility criteria and states, in pertinent part, that in order to qualify for non-regular retirement, a member must have attained age 60 and completed a minimum of 20 years of qualifying service. Paragraph 2-8 defines qualifying service and states, in pertinent part, that an RC Soldier must earn a minimum of 50 retirement points each retirement year to have that year credited as qualifying service. 2. Title 10 USC: a. Section 12731(d) states the Secretary concerned shall notify each person who has completed the years of service required for eligibility for retired pay under this chapter. The notice shall be sent, in writing, to the person concerned within one year after the person completes that service. The notice shall include notice of the elections available to such person under the SBP established under subchapter II of chapter 73 of this title and the Supplemental SBP established under subchapter III of that chapter, and the effects of such elections. b. Section 12734(a) (time not creditable toward years of service) states service in an inactive status may not be counted in any computation of years of service under this chapter. c. Section 12738 (limitations on revocation of retired pay) states: (1) After a person is granted retired pay under this chapter, or is notified in accordance with section 12731(d) of this title that the person has completed the years of service required for eligibility for retired pay under this chapter, the person’s eligibility for retired pay may not be denied or revoked on the basis of any error, miscalculation, misinformation, or administrative determination of years of service performed as required by section 12731(a)(2) (completed 20 years of service) of this title, unless it resulted directly from the fraud or misrepresentation of the person. (2) The number of years of creditable service upon which retired pay is computed may be adjusted to correct any error, miscalculation, misinformation, or administrative determination and when such a correction is made the person is entitled to retired pay in accordance with the number of years of creditable service, as corrected, from the date the person is granted retired pay. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210011028 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1