MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            15 July 1999    
	DOCKET NUMBER:   AR1999018254

	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. George D. Paxson		Chairperson	
	Ms. Jennifer L. Prater		Member	
	Ms. Debra Williams		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 retirement orders be corrected to show “Involuntary Separation” instead of “Retirement 20 Yrs USAR Service”. 

APPLICANT STATES:  In effect, that his retirement orders should read “Involuntary Separation” based on deactivation of unit.  He contends that the Department of Defense determined he is ineligible for Veterans Affairs (VA) educational benefits (Chapter 1606) due to his voluntary separation from the Army Reserve.  He also contends that he was promised an assignment or separation with special separation pay if an assignment could not be found.  He states that he did not receive another assignment and was discharged without a bonus.  He goes on to state that he did not apply for retirement, that he not given a permanent assignment since deactivation was pending and he was involuntarily separated due to unit deactivation.  In support of his application, he submits a copy of his retirement orders and a VA letter dated 7 April 1997.    

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

The applicant served on active duty in the Coast Guard from 30 August 1965 to 29 August 1969 and his records show inactive service from 30 August 1969 to
29 August 1971.  He enlisted in the Army Reserve on 11 February 1978.   

On 19 March 1994, the applicant voluntarily requested a transfer to fill any
E-8 vacancy in an undetermined Transient Personnel Unit (TPU).  On 20 March 1994, he failed a weigh-in and was 4.95% over maximum body fat.  On that same day, the applicant executed another DA Form 4651-R (Request for Reserve Component Assignment or Attachment) and voluntarily requested transfer to the Retired Reserve.  The unit adjutant processed a DA Form
268 (Report to Suspend Favorable Personnel Actions (Flag)) on the applicant for weight control on 25 March 1994.  The applicant was assigned to the Retired Reserve effective 21 March 1994.    

Headquarters, United States Army Reserve Command, Permanent Orders
F-22-73, dated 17 November 1994, shows that applicant’s former unit was ordered to inactivate on 13 January 1995.

In the processing of this case, a staff advisory opinion (COPY ATTACHED) was obtained from the Office of the Chief, Army Reserve.  The opinion provides no basis for amending the orders to show the applicant was involuntarily transferred to the Retired Reserve.  The opinion recommends that the applicant’s request be denied.  The opinion points out that the applicant signed a DA Form 4651-R, dated 19 March 1994, to voluntarily transfer to fill any E-8 vacancy in an undetermined TPU.  The applicant failed a weigh-in on 20 March 1994, voluntarily requested transfer to the Retired Reserve on 20 March 1994 and was flagged on 25 March 1994 for weight control.  The opinion also shows the applicant was assigned to the Retired Reserve effective 21 March 1994 and his unit was ordered to inactivate on 13 January 1995.  The Chief, Army Reserve, stated that in order to qualify for Selected Reserve Transition Benefits, the Reserve soldier needs to meet three conditions established in the implementing guidance published by HQDA message, DAPE-MBB-C, 181300Z Aug 93, Subject: Selected Reserve Transition Assistance.  The soldier must be a member of the inactivating unit on the day prior to the deactivation.  The soldier must qualify for continued service in the USAR program (i.e. not flagged).  There cannot be any other valid vacant positions in any Reserve or National Guard unit in the area.  Evidence of record shows the applicant’s unit inactivated on
13 January 1995.  He was transferred to the Retired Reserve on 21 March 1994. This disqualifies him according to the first element of the above message.  He was also ineligible because he was not qualified for continued service due to the flag placed in his records on 25 March 1994.  In conclusion, the opinion states that, given the facts in this case, and without any collaborating testimony to the contrary, there is no justification to approve the applicant’s claim for Selected Reserve Transition Benefits.  Also, he is ineligible for the Montgomery GI Bill.  In accordance with Army Regulation 135-7, chapter 8, the Montgomery GI Bill is only open to Selected Reserve soldiers.  The applicant is in the Retired Reserve and therefore not qualified.

On 18 May 1999 the advisory opinion was furnished to the applicant for his review and possible rebuttal (30 day suspense from date of letter).  As of the date of the Board, there has been no rebuttal submitted to the Board.  

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(s), it is concluded:

1.  The applicant’s contention that his retirement orders should read “Involuntary Separation” based on deactivation of unit, is without merit.  The evidence of record shows the applicant voluntarily requested transfer to the Retired Reserve on 20 March 1994 and his former unit was deactivated approximately ten months after he was voluntarily placed in the Retired Reserve.   

2.  The foregoing is supported by the advisory opinion.

3.  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.

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

GDP____  JLP_____  DW_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999018254	
SUFFIX		
RECON		
DATE BOARDED	19990715	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19940321	
DISCHARGE AUTHORITY	AR 140-10, Para 6-1	
DISCHARGE REASON	Retirement 20 Years USAR Service	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY	110.0000	
ISSUES         1.		
2.		
3.		
4.		
5.		
6.