PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           19 November 1998                   
	DOCKET NUMBER:   AC98-10301

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

	Mr. Loren G. Harrell		Director	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Ms. Barbara J. Ellis		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

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

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his records be corrected to show that he was transferred to the Retired Reserve instead of discharged.

3.  The applicant states that he was transferred from the ARNG to the IRR with over 23 years service.  When he requested an ID card in March 1997 he was informed that he had been discharged from the IRR and had no military status.  He was never given the option to transfer to the Retired Reserve and was never informed that he had been discharged.  He submits no documentation in support of his application.

4.  The applicant’s military records made available to this Board consist of his ARNG unit records, his medical records from the ARNG and 3 years of pay records.  The available records show that he served on active duty from 26 November 1963 to 28 October 1965 and was transferred to the IRR.  NOTE:  There is no DD Form 214 in the available record.  He enlisted in the ARNG on 13 February 1966 and continued to serve until he was transferred to the IRR effective 12 September 1987.  There is no evidence that he was ever issued a 20 year letter confirming his entitlement to retired pay at age 60.  Note:  Information obtained from the ARNG indicates that they will issue the applicant a 20 year letter based on information provided to them by this Board.

5.  His NGB Form 22 (report of separation) shows that he had 1 year, 11 months, and 2 days active duty and 21 years, 7 months, and 1 day service in the ARNG.  An undated NGB Form 23 (retirement credits record) shows that he had continuous service in the ARNG from 13 February 1966 to 12 September 1987.  The form also shows that he earned in excess of the minimum of 50 retirement points for each retirement year he was in the ARNG.

6.  The available record shows that he was discharged from the IRR effective 2 March 1988 by reason of expiration of term of service (ETS).  There is no evidence of record that he was notified of his eligibility to reenlist or to be transferred to the Retired Reserve, if eligible, rather than be discharged.

7.  Army Regulation 135-178, in effect at the time, provided for the separation of enlisted personnel.  It stated that upon reaching ETS or period of obligated service an enlisted member will be discharged.

8.  Army Regulation 140-10 provides the policy for transfer to the Retired Reserve.  It provides that transfer to the Retired Reserve is authorized if the individual has completed a total of 20 qualifying years of active or inactive service in the Armed Forces.  Eligible soldiers must request transfer in writing.

CONCLUSIONS:

1.  Notwithstanding that the applicant was discharged in accordance with regulations in effect at the time because of his ETS date, an injustice occurred when he was not provided an opportunity to either reenlist or request transfer to the Retired Reserve.

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

by revoking the discharge order, dated 2 March 1988, that separated the individual concerned;

by transferring him to the Retired Reserve effective 2 March 1988;

by providing him the opportunity to enroll in the Survivor Benefit Program (SBP); and

by reviewing the available records and entering all available retirement point data in the automated retirement points accounting system (RPAS) to insure his retirement notification at his age 59 ½ years.

BOARD VOTE:  

FNE____  TAP_____  BJE_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON