PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            27 June 2000
	DOCKET NUMBER:   AR2000038916

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Curtis L. Greenway		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 from the USAR be voided and that he instead be transferred to the Retired Reserve.

3.  The applicant states that on 10 March 1994, he elected to be transferred to the Retired Reserve and instead he was discharged.  In support of his appeal he submits a copy of his Elections of Options statement.

4.  The applicant’s military records show that on 10 March 1994, the applicant submitted a Election of Options statement to the Army Reserve Personnel Center electing to be transferred to the Retired Reserve upon his release from the USAR.

5.  On 31 May 1996, the applicant was discharged from the USAR in the pay grade of CW4.

6.  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 that 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.

7.  Army Regulation 135-178, in effect, established the policies standards, and procedures governing the administrative procedures governing the administrative separation of enlisted soldiers from the Reserve Components.  Paragraph 1-3 states, in pertinent part, that orders discharging a soldier would not be revoked or the effective date changed after the effective date of discharge unless there was a manifest error or fraud.  After the effective date of discharge, orders could not be amended by the separation authority only to correct manifest errors such as the wrong character of service or to correct administrative error such as errors concerning rank, social security number, or misspelled name.

CONCLUSIONS:

1.  The applicant’s honorable discharge from the USAR was accomplished in accordance with law and regulations applicable at the time.

2.  However, the Election of Options statement that he submitted in support of his appeal clearly shows that on 10 March 1994, he elected to be transferred to the Retired Reserve.  It is reasonable to presume that had the ARPERCEN been in receipt of his Election of Options statement he would have been transferred to the Retired Reserve as opposed to being discharged from the USAR.

3.  Although the applicant’s Election of Options Form shows that he requested to be transferred to the Retired Reserve on 10 May 1994, the orders discharging him from the USAR show his effective date of discharge as 31 May 1996.  Transferring him to the Retired Reserve effective 10 May 1994 would result in the loss of over 2 years of service for which he is now being credited.

4.  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:

	a.  by voiding the 31 March 1996 discharge from the USAR of the individual concerned; and

	b. by showing that he was transferred to the Retired Reserve effective 31 March 1996.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__wtm___  ___mdm_  ___clg__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Mark D. Manning____
		        CHAIRPERSON

INDEX

CASE ID	AR2000038916	
SUFFIX		
RECON		
DATE BOARDED	2000/06/27	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000	
2.  341	136.0300	
3.		
4.		
5.		
6.