PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           15 March 2001                  
	DOCKET NUMBER:   AR2001052150

	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. Ernest M. Willcher		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Thomas E. O’Shaughnessy, Jr.		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 Individual Ready Reserve (IRR) be voided.

3.  The applicant states that he unintentionally resigned from the IRR by signing an Army Reserve Status and Address Verification Form (ARPC Form 3725-E, November 1999).  Both the November 1999 version and the November 1996 version of this form had two possible items for signature – one to verify that the information on the form was correct and one if the officer requested resignation.  However, the earlier version of the form did not require a signature if all the information on the form was correct; the new version requires the form to be signed even if all the information is correct.  He inadvertently signed in the wrong item.  The item requesting resignation is right underneath the item verifying all the information is correct.  He received discharge orders dated 21 November 2000.  He talked to the Army Reserve Personnel Command (AR-PERSCOM) immediately and told them they made a mistake.  They initially voided his discharge orders but published discharge orders again on 6 December 2000 and informed him his only recourse was to submit an application to the Board.  He was informed that several other officers had made the same mistake and that the problem was serious enough that the form was being redesigned after less than a year of use.

4.  The applicant’s military records show that he entered active duty as a commissioned officer on 30 April 1985.  On 1 April 1996, he was released from active duty under the Voluntary Separation Incentive (VSI) Program.  He would receive an annual VSI payment of $10,924.75 for 22 years contingent upon his serving in the Ready Reserve for that entire time.

5.  The instructions for completing the November 1996 version of the ARPC Form 3725-E required the individual to simply tear off an attached post card and return it to AR-PERSCOM if all the information on the form was still current.  A signature certifying that the information on the form was true and correct was required only if the individual changed some of the information.

6.  The instructions for completing the November 1999 version of the ARPC Form 3725-E requires the individual to certify the information on it by signing the form even if the information is current.  Immediately below the signature block where the individual certifies the information is correct is a signature block, in Part D, where an individual could sign if he requested resignation.  The instructions for completing Part D state it is self-explanatory.  Part D states only “As an officer who has completed my 8 years statutory obligation, I hereby tender my resignation.”

7.  The applicant signed the ARPC Form 3725-E on 10 September 2000.  He erroneously signed in the block requesting resignation.  Orders D-11-061439, AR-PERSCOM dated 21 November 2000 discharged the applicant from the USAR based upon his signature on the ARPC Form 3725-E.  Orders D-11-061439R, AR-PERSCOM dated 4 December 2000 voided those orders.  Orders D-12-064503, AR-PERSCOM dated 6 December 2000 discharged him again effective 6 December 2000.

8.  Army Regulation 135-175 provides policy, criteria, and procedures for the separation of officers of the Army National Guard of the United States and the USAR except for officers serving on active duty or active duty for training exceeding 90 days.  Paragraph 6-3 states that resignations will be prepared in accordance with the appropriate format prescribed in figures 6-1 through 6-5 and will include the officer’s present assignment and attachment, if any; the reason(s) for submission of the resignation; and documentary evidence, when appropriate, to substantiate given reason(s) for submission of the resignation.  Resignations will be submitted through appropriate military channels to the commander authorized to take final action thereon.  

CONCLUSIONS:

1.  The Board concludes that there was a Government error in this case.  The November 1999 version of the ARPC Form 3725-R is confusing.  The section wherein an officer may request resignation clearly does not meet the regulatory requirements for submitting such a request.  The regulatory format is not used and no reason is required to be given.

2.  The applicant’s discharge will work a financial hardship on him as he would be forfeiting 17 more years of annual VSI payments.

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 showing that the applicant signed the ARPC Form 3725-R on         10 September 2000 in the item certifying that the information provided on the form is true and correct and that he did not sign in Part D.

2.  That Orders D-12-064503, AR-PERSCOM dated 6 December 2000 be voided and the applicant be shown to have had continuous service in the IRR from his release from active duty to the present.

BOARD VOTE:  

__emw___  __rtd___  __teo___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Ernest M. Willcher
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001052150	
SUFFIX		
RECON		
DATE BOARDED	20010315	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	135.03	
2.		
3.		
4.		
5.		
6.