PROCEEDINGS

	IN THE CASE OF:	BOARD DATE:            26 May 1999                  
	DOCKET NUMBER:   AR1999023294

	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. Mark D. Manning		Chairperson	
	Mr. Arthur A. Omartian		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 discharge be revoked and he be transferred to the Retired Reserve.

3.  The applicant states that he was eligible for transfer to the Retired Reserve and never requested discharge.  The unit also tried to have it corrected.

4.  The applicant’s military records show that as of 8 March 1995 the applicant had obtained 20 years, 2 months, and 11 days qualifying service for retirement.  His scheduled expiration of service (ETS) was 21 July 1995.  His 20-year letter was issued on 27 October 1995.

5.  From the available record it appears that the unit incorrectly processed him for an ETS discharge without his knowledge or consent instead of transfer to the Retired Reserve.  The signature on the request for discharge is clearly not that of the applicant.

6.  On 23 February 1996 orders were issued by the Army Reserve Command (USARC) which discharged the applicant effective that date.  His unit requested that those orders be revoked and the applicant be transferred to the Retired Reserve.  The request was denied and the applicant was told to apply to this Board for relief.

7.  In an opinion to this Board the Reserve Personnel Command (AR-PERSCOM) recommended the applicant be transferred to the Retired Reserve.

8.  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.

9.  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.  Although the applicant did not request discharge on his ETS, he knew, or should have known, that he either had to reenlist, extend his enlistment, or request transfer to the Retired Reserve to avoid being discharged on ETS.

2.  Notwithstanding that the applicant was discharged in accordance with regulations in effect, as an exception to policy, his request to be transferred to the Retired Reserve should be granted.

3.  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 revoking the discharge order that separated the individual concerned; and

b.  by transferring him to the Retired Reserve effective 21 July 1995, the date of his ETS.

BOARD VOTE:  

__MDM__  __AAO__  __BJE__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Mark D. Manning
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999023294	
SUFFIX		
RECON		
DATE BOARDED	19990526	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	136.03	
2.		
3.		
4.		
5.		
6.