PROCEEDINGS

	BOARD DATE:               13 May 1999 
	DOCKET NUMBER:       AC98-09276
				       AR1998007842

	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. Wyman N. Bailey		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Samuel Calderon		Member	
	Mr. Kenneth L. Wright		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 discharge from the USAR be voided and that he be transferred to the Retired Reserve.   

3.  The applicant states that he served in the Reserve as a mechanic, cook, and heavy equipment operator, and as a consequence was not knowledgeable of the administrative procedures required for requesting transfer to the Retired Reserves.  In November 1993, after receiving his Notification of Eligibility for Retired Pay at Age 60 (20-year letter), he verbally requested placement in the retired reserves through the administrative clerk at his Reserve center.  He states that he was not informed at the time that he was required to submit his request in writing.  He further states that he was not aware that he hadn’t been transferred to the Retired Reserve until his inquiry to the Army Reserve Personnel Center regarding the status of his Commissary Privilege Card.  At that time he was informed that he had been discharged from the USAR and was not entitled to a Commissary Privilege Card nor would he be entitled to retirement pay at age 60. 

4.  The applicant’s military records show that the applicant was released from active duty and transferred to the USAR on 28 October 1971, and continued to serve in that Component through a series of reenlistments.  He was promoted to pay grade E-6 on 10 February 1986.   

5.  On 8 July 1993, the applicant was issued a DARP Form 249 (Chronological Statement of Retirement Points) and was credited with 20 years, 6 months and 6 days of qualifying Reserve service for retirement as of 22 April 1993.  The applicant was issued his 20-year letter on 23 October 1993.   

6.  A request for discharge of the applicant was submitted by the applicant’s chain of command on 7 March 1994.  Thereafter, Order Number 94-123-033 was published by the US Army Reserve Command, dated 31 March 1994, with an effective date of discharge showing 31 March 1994.   

CONCLUSIONS:

1.  In absence of evidence to the contrary, it must be presumed that the applicant’s discharge was accomplished in accordance with law and regulations applicable at the time.   

2.  However, it is also reasonable to presume that had the applicant been properly informed of his options, he would have elected to be transferred to the Retired Reserve rather than to be discharged with no retirement benefits until age 60.   

3.  Inasmuch as the applicant meets eligibility requirements for assignment to the Retired Reserve, it would be equitable and just to correct his military records by voiding his discharge of 31 March 1994 and by assigning him to the Retired Reserve effective that same date.    

4.  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: 

a.  by voiding the 31 March 1994 discharge from the USAR of the individual concerned; and

b.  by showing that he was transferred to the Retired Reserve effective 31 March 1994.    

BOARD VOTE:  

__SC___  __KLW___  __RVO__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-09276/AR1998007842	
SUFFIX		
RECON		
DATE BOARDED	19990513	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR 	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.	136	
2.		
3.		
4.		
5.		
6.		

S:  18 Aug 99

SFMR-RBR - 1st End (13 May99, Docket Number AC98-09276/AR1998007842)
SUBJECT:  ABCMR Proceedings

HQDA, OASA, Arlington, Virginia  22202-4508                                  14 Jun 99

TO:  US Army Review Boards Agency Support Division - St. Louis
        ATTN:  SFMR-RBR-SL, 9700 Page Avenue, St. Louis, Missouri 63132-5200

1.  Under the authority of Title 10, United States Code, section 1552, the recommendation of the Army Board for Correction of Military Records is hereby approved, and it is directed that all of the Department of the Army records of the individual concerned be corrected as shown under Recommendation in the Proceedings of the Board in this case.

2.  Request necessary administrative action be taken to effect the correction of records as indicated no later than 18 August 1999.  Further, request that the individual concerned and counsel, if any, as well as any members of Congress who have shown interest be advised of the correction and that the Board for Correction of Military Records be furnished a copy of the correspondence.

BY ORDER OF THE SECRETARY OF THE ARMY:

Karl F. Schneider
Deputy Assistant Secretary
(Army Review Boards)

Encls 

CF:
Applicant
(   ) OMPF
(   ) SFMR/pmp
(   ) DFAS
(   ) Bailey