MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:           17 March 1999                  
	DOCKET NUMBER:   AR1998012579

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine		Chairperson	
	Mr. Orville W. Troesch, Jr.		Member	
	Mr. James P. Steuve		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his discharge from the USAR be voided and that he instead be transferred to the USAR Control Group (Retired Reserve).
  
APPLICANT STATES:  In effect, that he was discharged from the USAR Control Group (Reinforcement) on 8 June 1995 and was not given the opportunity to be transferred to the Retired Reserve.  In support of his application, he submits a copy of a letter dated 14 November 1997 wherein he requests to be transferred to the Retired Reserve, a copy of an Election of Options form executed on
21 November 1997, and copies of documents pertaining to his discharge. 

EVIDENCE OF RECORD:  The applicant's military records show:

On 10 July 1960 he enlisted in the Army National Guard and continued to serve through continuous reenlistments.

On 14 April 1981 the National Guard Bureau notified the applicant that he had completed the required years of service to be eligible for retired pay upon application at age 60.

The applicant was honorably discharged in the grade of sergeant on 15 June 1986 under the provisions of National Guard Regulation 600-200 and Army Regulation 135-205, due to nonselection for retention by the Qualitative Retention Board.  He had served 25 years, 11 months, and 6 days of total service and was transferred to the USAR Control Group (Reinforcement, Individual Ready Reserve).

He was promoted to staff sergeant in the USAR on 1 April 1988.

On 18 February 1994 the Total Army Reserve Personnel Command (ARPERCEN) sent the applicant a Statement of Retirement Points (DARP Form 249) in the grade of staff sergeant showing that as of 1 June 1993 he had
26 creditable years for retired pay purposes.

On 30 June 1995 the ARPERCEN published orders discharging him from the USAR effective the same day.  There is no indication in the available records that the applicant requested to be transferred to the Retired Reserve prior to his discharge date.  (NOTE:  The discharge does not affect his eligibility for USAR retired pay, upon application, at age 60.)    	

In the processing of this case, an advisory opinion was obtained from the ARPERCEN.  It opined, in effect, that the applicant’s OCONUS manager had attempted to contact him via a postcard to rectify the situation.  The postcard was addressed to the same address as the discharge orders, yet the card was returned.  The applicant submitted a request for transfer to the Retired Reserve on 21 November 1997.  The request was a form request that had been sent to him in 1994 as part of the package which warns soldiers that they have been inactive (NON-PAR) and must make a decision as to which status they desire.  The suspense date given to the applicant for this action is shown on the form to be 1 April 1994.  The ARPERCEN further opined that the applicant was not interested in his reserve status until his identification card was not accepted and recommended that his request be denied.  

Army Regulation 140-10, in effect at the time, set forth the basic authority for the assignment, attachment, detail, and transfer of USAR soldiers.  Chapter 7 of that regulation relates to the removal of soldiers from 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. 

Army Regulation 135-178, in effect at the time, established the policies, standards, and procedures governing the administrative separation of enlisted soldiers from the Reserve Components.  Paragraph 1-3 states, in pertinent part, that orders discharging a soldier would not be revoked or the effective date changed after the effective date of discharge unless there was a manifest error or fraud.  After the effective date of discharge, orders could not be amended by the separation authority only to correct manifest errors such as the wrong character of service or correct administrative errors such as errors concerning rank, social security number, or misspelled name.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2. The applicant’s honorable discharge from the USAR was accomplished in accordance with law and regulations applicable at the time.

3.  The applicant’s contention that he was not given an opportunity to elect to be transferred to the Retired Reserve prior to his discharge in June 1995, appears to be without merit.  Records show that on 21 November 1997, subsequent to his discharge, the applicant submitted a request for transfer to the Retired Reserve utilizing a form with a suspense date of 1 April 1994.  The request was a form request that had been sent to him in 1994, wherein he was properly notified of his options with an established suspense date.  His failure to make his election within the prescribed time frame resulted in his being discharged in accordance with the applicable laws and regulations in effect.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___tsk__  __owt___  ____jps__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998012579	
SUFFIX		
RECON		
DATE BOARDED	19990317	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19950630	
DISCHARGE AUTHORITY	AR135-178  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.136.03	341	
2.		
3.		
4.		
5.		
6.