PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            25 AUGUST 1999                  
	DOCKET NUMBER:   AR1999024405

	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. David E. Weightman 		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Allen L. Raub		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.  The applicant states he received bad advice concerning transfer to the Retired Reserve, that he has completed 25 years of service, and that he was unaware he could transfer to the Retired Reserve.  He applied for a gray area military retired ID card but was told he was not entitled to it because he was discharged and not transferred to the Retired Reserve.

4.  He applied to the Board on 4 March 1999.

5.  The applicant’s military records show that he completed 24 years of qualifying Reserve service and that on 27 November 1990 he was issued a Notification of Eligibility for Retired Pay at age 60.  He served in the same unit for his entire Reserve service, as a seaman/watercraft operator/watercraft NCO, and he attained pay grade E-6 on 17 January 1990.

6.  He was notified in writing on 25 January 1994 that he was being considered by his unit for retention/separation by the Qualitative Retention Board Review.  He was asked his desires in the event he was not selected for retention, and that if he failed to respond he would be discharged upon a non-selection for retention. The notification was sent by certified mail, and the applicant’s daughter signed for it on 16 February 1994.  There is no record of a response or of an election.

7.  He was not selected for retention and he was transferred to the Control Group (Reinforcement) effective 12 April 1994, and he was discharged effective 
15 December 1995 at age 46.

8.  There is no record of an election for transfer to the Retired Reserve from the applicant.

9.  The applicant was born on 5 July 1949 and he will reach age 60 on 
5 July 2009.

10.  Pertinent regulations show qualified individuals being separated from an active status must request transfer to the Reserve Control Group (Retired Reserve) or be discharged.

11.  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.

CONCLUSIONS:

1.  Error or injustice is not readily apparent in this case.  However, under the circumstances, it does appear that the applicant may not have been oriented or knowledgeable concerning his options at the time, and now elects transfer to the Retired Reserve and not discharge, and an ID card.

2.  The Board concludes that the applicant may have been confused at the time and did not comprehend the option of requesting transfer to the Retired Reserve, and that had he understood the requirement, he would have done so at the time. The applicant deserves relief in this instance based on a matter of compassion and equity.

3.  The Board also concludes that he may be transferred to the Retired Reserve effective on the date of his application to this Board, 4 March 1999.

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 discharge of the individual concerned effective 
15 December 1995; and

b.  by showing he was transferred to the Reserve Control Group (Retired Reserve) effective 4 March 1999.

BOARD VOTE:  

lls______  ls______  alr______  GRANT AS STATED IN RECOMMENDATION

________  _______  ________  GRANT FORMAL HEARING

________  _______  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999024405	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	25 AUGUST 1999	
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.	134.00	
2.	136.00	
3.		
4.		
5.		
6.