PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:                              
	DOCKET NUMBER:   AC

	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	
	M .		Analyst	

  The following members, a quorum, were present:

	Mr. 		Chairperson	
	Mr. 		Member	
	Mr. 		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 correction of his records to show he was promoted to colonel and transferred to the Retired Reserve.

3.  The applicant states he was promoted to colonel when he was transferred to the Reserve Control Group in 1991, and in 1995 he was discharged without notification.

4.  The applicant was appointed on 11 July 1967, at age 21.

5.  On 16 September 1987 the applicant was issued a letter of notification of eligibility for retired pay at age 60.

6.  The applicant was selected for promotion to colonel in 1991 with a promotion eligibility date of 28 August 1991.  There was no position available in the Alabama National Guard for promotion and he was transferred to the Reserve Control Group (Reinf) for the promotion.

7.  On 7 June 1995 he was discharged for a lack of participation.

8.  Pertinent regulations show qualified individuals being separated from an active status must request transfer to the Reserve Control Group (Retired Reserve) or be discharged.  Transfer to the Retired Reserve does not entitle individuals to pay.  A significant entitlement now is issuance of a “Gray” status ID card with certain benefits.

9.  There is no record of notification or receipt of notification by the applicant of pending discharge.

CONCLUSIONS:

1.  The applicant was selected for promotion to colonel and he was transferred to the Control Group (Reinf) at the time in order to be promoted.  He should have been promoted at that time to colonel, with a date of rank of 28 August 1991.

2.  Error or injustice is not readily apparent in this case concerning his transfer to the Retired Reserve.  However, under the circumstances, it does appear that if given the proper information and opportunity at the time, the applicant would have elected transfer to the Retired Reserve and not discharge.

3.  The Board concludes that the applicant did not receive notification concerning impending discharge, and that had he received or known of the impending action and his options in the matter, he would have requested transfer to the Retired Reserve at the time.  The applicant deserves relief in this instance based on a matter of equity.
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 showing the individual concerned was promoted to colonel with a date of rank of 28 August 1991;

b.  by voiding the discharge effective 7 June 1995; and

c.  by showing he was transferred to the Reserve Control Group (Retired Reserve) effective 7 June 1995.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC97-11491/AR1999023903	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.