PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           1 July 1999        
	DOCKET NUMBER:   AR1999021534

	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. Kenneth Aucock		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Fred K. McCoy		Member	
	Mr. Stanley Kelley		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 transfer to the Retired Reserve. 

3.  In effect, the applicant states that he should have been transferred to the Retired Reserve instead of being discharged.  He has his “20 year letter” (Notification of Eligibility for Retired Pay at Age 60).  He states that he needs to obtain commissary privileges. 

4.  The applicant’s military records show that he was released from active duty on 1 November 1968 with the rank of Specialist Four and transferred to the Army Reserves.  He had 2 years, 11 months, and 28 days of service.  On 21 May 1993 the Army Reserve Personnel Center at St. Louis notified him that he was eligible for retired pay at age 60.  A 20 January 1995 chronological statement of retirement points shows that he served in the Army Reserve and the National Guard and had 22 years, 11 months, and 29 days of qualifying service for retired pay as of the ending date of his retirement year, 10 October 1994.

5.  The applicant was discharged from the Army Reserve on 10 July 1995.  In response to a inquiry from the applicant, the Army Reserve Personnel Command notified him on 17 August 1998 that he was not eligible for a commissary card because he elected to be discharged [from the Army Reserve] and would not be eligible for the card until he was 60 years old.   

6.  Army Regulation 140-10, Chapter 6, provides policies and procedures for transfer to the Retired Reserve.  Paragraph 6-1 states, in pertinent part, that assignment to the Retired Reserve is authorized if a soldier has completed a total of 20 years of active or inactive service in the Armed Forces.  Eligible soldiers must request transfer. 
 
CONCLUSIONS:

1.  Although there is no document showing that the applicant requested discharge from the Army Reserve, the notice to him in August 1998 from the Army Reserve Personnel Command clearly indicates that he did make that choice.  Absent information to the contrary, the presumption of regularity is assumed.  Consequently, his discharge from the Army Reserve on 10 July 1995 is considered correct.

2.  Nonetheless, the applicant might have made his decision in haste, not realizing the full consequences of his action.  He has since attempted to amend this action.

3.  The applicant’s request is reasonable.  He did have almost 23 years of continuous and faithful service and should collect the benefits of his service, despite the imprudent decision that he made. 

4.  Consequently, the applicant’s records should be changed to void his discharge of 10 July 1995 from the Army Reserve and instead, show that he was transferred to the Retired Reserve on that date.

5.  In view of the foregoing findings and conclusions, it would be appropriate 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.  voiding the order discharging the applicant from the Army Reserve on     10 July 1995; and

     b.  transferring the applicant to the Retired Reserve effective 10 July 1995.

BOARD VOTE:  

___jhl__  __fkm___  ___sk___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999021534	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990701	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1. 110.00		
2.  136.00		
3.		
4.		
5.		
6.