PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:             22 March 200                  
	DOCKET NUMBER:    AR1999028712

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. James M. Alward		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. Arthur A. Omartian		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 he be transferred to the Retired Reserve.

3.  The applicant states that due to an administrative oversight, he was erroneously transferred to the Control Group Reinforcement as opposed to the Retired Reserve, which was his intent.  He requests that his orders be amended to read reassigned to the Retired Reserve.

4.  In support of his request, he has included a copy of his Notification of Eligibility for Retired Pay at age 60 (twenty-year letter).

5.  The applicant’s military records show that he received his twenty-year letter on 8 September 1993.  On 1 February 1994 he was transferred to the USAR Control Group, Reinforcement.

6.  The orders transferring him to the Reinforcement Control Group indicates that the action was voluntary on the applicant’s part.

7.  Army Regulation 140-10, Assignments, Attachments, Details, and Transfers, provides for the transfer of reservist to the retired reserve for the completion of     20 years of service.

CONCLUSIONS:

1.  Transfer to the Retired Reserve is a voluntary action and is normally accomplished after the soldier is asked to return a reply form indicating whether he wishes transfer to the Retired Reserve, transfer to a Control Group or discharge.  In this case, the record contains no correspondence relating to the reason for the applicant’s transfer to the Reinforcement Control Group.

2.  Nonetheless, he was eligible for transfer to the Retired Reserve by virtue of having completed 20 years of service and receiving a twenty-year letter.  Therefore, revoking his transfer to the Reinforcement Control Group now and transferring him to the Retired Reserve is a pro forma matter that AR-PERSCOM lacks authority to accomplish.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by: 

a.  revoking orders 010-006, dated 5 February 1994 transferring the applicant to the US Army Reserve Control Group (Reinforcement); and
	b.  publishing appropriate orders assigning the applicant to the US Army Reserve (Retired) effective 1 February 1994.

2.  The Army has established programs to counsel retiring soldiers on the rights, benefits and privileges afforded as a result of military retirement.  Retirement Services Officers (RSO) are available at most major Army installations to provide a retirement briefing, which includes information on the Survivor Benefit Plan (SBP).  The applicant is advised to contact his nearest RSO as soon as possible to facilitate a smooth transition to retired status.

BOARD VOTE:  

_jma____  __tsk     _  __aao        GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____James M. Alward________
		        CHAIRPERSON

INDEX

CASE ID	AR1999028712	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000322	
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.  136.03		
2.		
3.		
4.		
5.		
6.