PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           1 March 2001                   
	DOCKET NUMBER:   AR2000048551

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. John H. Kern		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Richard T. Dunbar		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 be voided and he be transferred to the Retired Reserve.

3.  The applicant states that upon his receipt of his notification of eligibility for retired pay (his 20-year letter) he requested transfer to the Retired Reserve.  Unfortunately, he was inadvertently honorably discharged.  He was not aware of this action until several years later.

4.  The applicant’s military records show that he was born on 30 March 1949.  After having had prior service in the Regular Army and the U. S. Army Reserve (USAR), he enlisted in the USAR on 7 February 1976.  He last reenlisted on     14 December 1988 for 6 years.  He extended that reenlistment in September 1994 for a period of 1 year and 3 months, making his new expiration term of service (ETS) 13 March 1996.

5.  On 12 January 1996, the applicant was notified that his records were scheduled for review by a Qualitative Retention Board (QRB) to convene on     10 – 11 and 24 –25 February 1996.  He indicated that if he were not selected for retention, he elected to transfer to the Retired Reserve.  On 22 January 1996, the applicant’s commander highly recommended him for retention.  

6.  The applicant’s 20-year letter is dated 20 February 1996.

7.  On 6 March 1996, the applicant’s record, which was forwarded for review by the Enlisted QRB, was returned by the 89th Regional Support Command to his unit.  No reason was given.  

8.  On 20 March 1996, the applicant’s unit completed a Request for Reserve Component Assignment or Attachment, DA Form 4651-R.  The form requested the applicant be assigned to the Retired Reserve.  The applicant did not sign the form; it stated instead he was not available.  

9.  Orders 96-103-007, Headquarters, U. S. Army Reserve Command dated     12 April 1996 discharged the applicant from the USAR under the authority of Army Regulation 135-178.

10.  Army Regulation 135-178 establishes policies governing the administrative separation of enlisted soldiers from the Army National Guard of the United States and the USAR.  In pertinent part it states that upon ETS, the soldier will be discharged by the separation authority.  It also states that when through 

administrative error a soldier is not discharged on the actual date of his or her ETS, he or she will be considered to have been retained beyond normal discharge date for the convenience of the Government.

11.  Army Regulation 140-10 prescribes policies to assign, remove, or transfer USAR soldiers.  In pertinent part, it states that soldiers are authorized assignment to the Retired Reserve under several circumstances, including when the soldier is entitled to receive retired pay.  Eligible soldiers must request transfer.

CONCLUSIONS:

1.  There is no evidence of Government error in this case.  The Board notes that there is no evidence of record to show that the applicant requested transfer to the Retired Reserve upon his receiving his 20-year letter.  The evidence of record shows that he indicated that if he were not selected for retention by the February 1996 Enlisted QRB, he elected to transfer to the Retired Reserve.  For an unknown reason, his records were pulled back from consideration by the Enlisted QRB so he was neither selected nor not selected for retention.  

2.  The applicant’s ETS came up and by regulation he was required to be discharged.  Although the DA Form 4651-R noted that assignment to the Retired Reserve was requested, he did not sign the form.  Therefore, the action authority had no record of his request for transfer to the Retired Reserve and so properly discharged him.

3.  Notwithstanding the above, the Board notes that the applicant will not be eligible for retired pay for another 8 years.  It would be in the Government’s interest to transfer him to the Retired Reserve where he could be a mobilization asset for a reasonable length of time to come.

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 by:
     a.  voiding Headquarters, U. S. Army Reserve Command Orders 96-103-007 dated 12 April 1996 discharging the applicant from the USAR; and

     b.  publishing orders assigning the applicant to the Retired Reserve effective  12 April 1996.

BOARD VOTE:  

__jhk___  __clg___  __rtd___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			John H. Kern
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000048551	
SUFFIX		
RECON		
DATE BOARDED	20010301	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	135.03	
2.		
3.		
4.		
5.		
6.