PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           25 March 1999                   
	DOCKET NUMBER:   AR1998013297

	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	
	Mrs. Nancy Amos .		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson 		Chairperson	
	Mr. Elzey J. Arledge, Jr.,		Member	
	Mr. Lester Echols		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 he be transferred to the Retired Reserve.

3.  The applicant states he was not transferred to the Retired Reserve due to an administrative oversight.

4.  The applicant’s military records show that he initially enlisted in the U. S. Army
National Guard in November 1961.  He enlisted in the U. S. Army Reserve in January 1967.  He was appointed a commissioned officer in the U. S. Army Reserve in August 1967.

5.  On 11 July 1987, the applicant entered active duty for about 4 years on an Active Guard/Reserve (AGR) tour.

6.  Orders were published on 13 March 1987 discharging (erroneously) the applicant from the Ready Reserve effective 2 February 1987.

7.  On 27 September 1987, the applicant was released from active duty after completing his AGR tour.

8.  During late 1990, there was a series of letters between the Army Reserve Personnel Center (ARPERCEN, now the Army Reserve Personnel Command, AR-PERSCOM) regarding the applicant’s pending discharge, his request for an extension to obtain proof of additional retirement points, submission of such proof, his option to elect transfer to the Retired Reserve vice discharge, etc.  On 15 November 1990, the applicant was discharged from the Ready Reserve.

9.  On 30 March 1991, the applicant received his notification that he was eligible for retired pay at age 60 (20-year letter).

10.  In the processing of this case, an advisory opinion was obtained from the Army Reserve Personnel Command (AR-PERSCOM) (SEE ATTACHED).  The opinion noted that the discharge order dated 13 March 1987 was invalid, since the applicant was still on active duty at the time, and administratively revoked that order.  It also noted that it appeared his intentions were to establish that he had 20 qualifying years of service and to request assignment to the Retired Reserve.  Apparently, with pertinent documentation missing from his records and confusion generated by AR-PERSCOM with various letters and suspense dates, a discharge order was published.  The opinion recommends that AR-PERSCOM be given the authority to revoke discharge order number D-11-901569 dated      15 November 1990 and assign the applicant to the Retired Reserve.

CONCLUSIONS:

1.  In March 1987, orders were erroneously published discharging the applicant from the Ready Reserve.  He was still on active duty at the time.
2.  In late 1990, there was confusion on the part of AR-PERSCOM as to whether or not the applicant was eligible for retired pay and transfer to the Retired Reserve.  In the confusion, another set of orders were published discharging the applicant.

3.  AR-PERSCOM has already revoked the earlier discharge orders.  In their advisory opinion, they recommend they be given the authority to revoke the later set of orders and transfer the applicant to the Retired Reserve.

4.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

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

    a.  revoking discharge orders D-11-901569 dated 15 November 1990; and

     b.  transferring the applicant to the Retired Reserve.

BOARD VOTE:  

__MKP___  __EJA__  __LE___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Margaret K. Patterson
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1998013297	
SUFFIX		
RECON		
DATE BOARDED	19990325	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	135.03	
2.		
3.		
4.		
5.		
6.