PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:                 17 August 2000             
	DOCKET NUMBER:         AR2000035907

	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. Carl W. S. Chun		Director	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Sherri V. Ward		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Linda D. Simmons		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, in effect, that his discharge from the USAR be voided
and that he instead be transferred to the Retired Reserve.

3.  The applicant states that the Army Reserve Personnel Command (ARPC) sent him a Maximum Service Tracer Letter and Option Form on 22 June 1999 and that he was discharged after failing to apply for transfer to the Retired Reserve within 30 days.  He also states that he did not receive the letter and consequently had no opportunity to apply for transfer to the Retired Reserve prior to his discharge.  In support of his application he submits a copy of ARPC orders D-09-968277, dated 30 September 1999, a copy of his chronological statement of retirement points, dated 24 September 1999, a copy of his 20 year letter, dated 6 September 1999 and a copy of APRC letter, dated 10 January 2000.

4.  The applicant’s military records show that he initially enlisted in the USAR
on 23 September 1968 and was honorably discharged on 21 August 1970 in order to accept a commission in the Reserve Officer Training Corps (ROTC).  He was commissioned as a second lieutenant in the USAR on 22 August 1970 and 
continued to serve in the USAR until he was honorably discharged on 
1 October 1999 in the rank of lieutenant colonel (LTC/O-5). 

5.  On 6 September 1996 the Army Reserve Personnel Center (ARPERCEN) notified the applicant (20 year letter) that he had completed the required years of service to be eligible for retired pay, upon application, at age 60 (19  August 
2008).

6.  The applicant provided a copy of a letter dated 10 January 2000, from ARPC.
This letter was in response to the applicant’s letter dated 1 November 1999, regarding an error in his discharge from the USAR.  The letter states that 
records at the ARPC indicate that the applicant was sent a Maximum Service Tracer Letter and Option Form regarding his transfer to the Retired Reserve, dated 22 June 1999.  This letter further indicated that officers who fail to apply for transfer to the Retired Reserve within 30 days from the date the individual is advised will be discharged.

7.  Army Regulation 140-10, in effect at the time, set forth the basic authority for the assignment, attachment, detail and transfer of USAR soldiers.  Chapter 7 of the regulation relates to the removal of soldiers from active status and states, in pertinent part, that soldiers removed from an active status will be discharged or, if qualified and if they so request, will be transferred to the Retired Reserve.

8.  Army Regulation 135-175 (Separation of Officers) prescribes the policies, criteria, and procedures governing the separation of Reserve officers of the Army.  It states, in pertinent part, that orders discharging a soldier would not be revoked or the effective date changed after the effective dates of discharge unless there was evidence of manifest error or fraud.  After the effective date of discharge, orders could be amended by the separation authority only to correct manifest errors such as the wrong character or service or correct administrative errors such as errors concerning rank, social security number, or misspelled name.

9.  Due to recent Departmental changes, certain benefits, such as commissary and post exchanges privileges, accrue to Reservist with more than 20 years of 
qualifying service who are transferred to the Retired Reserve that do not accrue
to those who are discharged.

CONCLUSIONS:

1.  In the absence of evidence to the contrary, it must be presumed that the
applicant’s discharge was accomplished in accordance with law and regulations applicable at the time.

2.  It appears, that the applicant never received notification from ARPC that he was discharged, and upon receipt of notification inquired of the ARPC on 1 November 1999 as to why he was discharged.  He was informed that a Maximum Service Tracer Letter and Option Form was mailed to him for completion on 22 June 1999.  However, the applicant claims that he never received the letter and Option Form that would have allowed him to elect transfer to the Retired Reserve.

3.  Therefore, it is reasonable to presume that had the applicant received his letter and Option Form, he would have promptly completed and returned the form electing a transferred to the Retired Reserve by the suspense date.

4.  Inasmuch as the applicant meets eligibility requirements for assignment to the Retired Reserve, it would be equitable and just to correct his military records by voiding his discharge of 1 October 1999 and assigning him to the Retired Reserve effective the same date.

5.  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 1 October 1999 discharge from the USAR of the individual concerned; and

b.  by showing that he was transferred to the Retired Reserve effective
1 October 1999.

BOARD VOTE:  

SVW____  MHM____  LDS____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_SHERRI V. WARD______
		        CHAIRPERSON

INDEX

CASE ID	AR2000035907	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	200008xx	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19991001	
DISCHARGE AUTHORITY	AR .140-10	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  338		
2.		
3.		
4.		
5.		
6.