PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  7 August 2001
	DOCKET NUMBER:  AR2001056642

	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	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Ms. Regan K. Smith		Member	
	Mr. Thomas B. Redfern		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 revoked and he be reinstated in the Individual Ready Reserve (IRR).

3.  The applicant states that he never requested to be discharged and his separation was an error by the Army Reserve Personnel Command (AR-PERSCOM).

4.  The applicant’s military records show that he was serving on active duty as a Regular Army captain when he was approved for separation under the Voluntary Separation Incentive program.  He was transferred to the IRR and appointed as a Reserve commissioned officer effective 1 August 1994.  He had a 9-year and 1 month remaining obligation.

5.  On 14 January 2000, the applicant was discharged from the Army Reserve.  There is no evidence of record that he was required to be separated or that he requested separation.

CONCLUSIONS:

1.  The evidence of record, and that submitted by the applicant, provides sufficient evidence that he was not subject to mandatory separation from the IRR and he should be returned to a Ready Reserve status effective the date of his discharge.

2.  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 for the individual concerned be corrected by:

	a.  revoking the order that discharged him effective 14 January 2000; and

	b.  returning him to the IRR effective 14 January 2000.

BOARD VOTE:  

__mp___  ___rs___  __tr___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Margaret K. Patterson___
		        CHAIRPERSON

INDEX

CASE ID	AR2001056642	
SUFFIX		
RECON		
DATE BOARDED	20010807	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	110.03	
2.		
3.		
4.		
5.		
6.