MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           22 August 2000                   
	DOCKET NUMBER:   AR2000040340

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Edward Williamson		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Kenneth W. Lapin		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his discharge orders be corrected to show he was transferred to the Retired Reserve.

APPLICANT STATES:  The applicant makes no additional statement and provides no supporting evidence.

EVIDENCE OF RECORD:  The applicant's military records show:

He was born on 18 January 1948.  After having had prior service in the Active Army, the U. S. Army Reserve (USAR) and the Army National Guard, he reenlisted in the USAR in 1980.  

The applicant last reenlisted in the USAR on 18 October 1987 for 6 years.  On  11 December 1993, he was extended for 3 months, making his new expiration term of service (ETS) 17 January 1994.  A record of conversation on file in the applicant’s records indicates that his unit administrator talked to him on               7 February 1994 and requested he submit a Request for Reserve Component Assignment or Attachment, DA Form 4861-R (apparently to request a transfer from his unit in Miami, FL to a unit in Orlando, FL).  The applicant failed to reply by 15 February 1994.  On or about 15 February 1994, the applicant’s commander signed a DA Form 4861-R requesting the applicant be discharged for completing his ETS.  Orders 94-100-068, Headquarters, U. S. Army Reserve Command, dated 28 February 1994 discharged the applicant from the USAR effective 24 February 1994.

Army Regulation 135-178 establishes policies and procedures governing the administrative separation of enlisted soldiers from the Army National Guard of the United States and the USAR.  Paragraph 11-1 provides that on expiration of term of enlistment, reenlistment or period of statutorily obligated service, the soldier will be discharged by the separation authority.

Army Regulation 140-10 covers policy and procedures for assigning and transferring USAR soldiers.  Paragraph 6-1 states that soldiers eligible for assignment to the Retired Reserve must request transfer.

In October 1999, guidance put out by the Under Secretary of Defense provided that former members of the Reserve Components are entitled to certain benefits. 

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  The applicant failed to respond to his unit’s request for a DA Form 4861-R so he was properly discharged upon his ETS.  There is no evidence of Government error or injustice.  Although he now requests transfer to the Retired Reserve, the Board can grant the applicant no effective relief to which he is not already entitled.

3.  The Under Secretary’s memorandum and attachment are provided so the applicant may utilize those administrative remedies to obtain the documents needed to authorize him the benefits to which he is entitled.  He is also reminded that each qualified individual is responsible for submitting an application for retired pay (DD Form 108) 6 months prior to age 60 and that those without a current military status may obtain the form from a local Reserve Component unit or by writing AR-PERSCOM.  The available records indicate the applicant will reach age 60 in January 2008.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__ew____  __mvt___  __kwl___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000040340	
SUFFIX		
RECON		
DATE BOARDED	20000822	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	135.01	
2.		
3.		
4.		
5.		
6.