PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:          13 December 2001
	DOCKET NUMBER:  AR2001058033

	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. P. A. Castle		Analyst	

The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Mark D. Manning		Member	
	Ms. Regan K. Smith		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, in effect, that his discharge from the USAR on          16 April 1992 be voided and that he instead be transferred to the Retired Reserve on that date.

3.  The applicant states that he was discharged from the USAR Control Group on 16 April 1992 as a result of his response to a card offering him the option to be discharged or transferred to the Retired Reserve.  He states there were no explanations or instructions on the card.  He was nine years away from age 60 so he did not elect to be transferred to the Retired Reserve.  He had not performed any active duty while in the USAR Control Group, so he thought he should request discharge. 

4.  The applicant’s military records show that his Army National Guard (ARNG) enlisted service started 21 February 1960 and continued until he was commissioned as a USAR second lieutenant on 28 June 1965.  He was promoted to the rank of captain on 31 December 1974 and continued to serve until he was separated from the Iowa ARNG on 11 December 1986 as a major and was transferred to the USAR Control Group (Reinforcement) with over       25 years of service.

5.  In a phone conversation with the Army Reserve Personnel Command a staff member of the Board confirmed that the applicant became eligible to apply for retired pay in October 2001, to begin receiving payments at age 60, on 25 March 2002.

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 the 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. 

CONCLUSIONS:

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

2.  It is reasonable to presume, given his years of service and the fact that he has never served an active duty tour, that had he known the option to be transferred to the Retired Reserve was at the time in his best interest he would have elected that option.

3.  In view of the foregoing and since the applicant meets the eligibility requirements for assignment to the Retired Reserve, it would be equitable and just to correct his military records by voiding his discharge of 16 April 1992 and assigning him to the Retired Reserve effective the same day.  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:

a.  by voiding the 16 April 1992 discharge from the USAR of the individual concerned; and

	b.  by showing that he was transferred to the Retired Reserve effective   16 April 1992.

BOARD VOTE:  

___mdm_  ___rks __  __sac ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

				___Samuel A. Crumpler____
		        CHAIRPERSON

INDEX

CASE ID	AR2001058033	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/12/13	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  189	110.000/discharge	
2.  341	136.0300/ret reserve	
3.  		
4.		
5.		
6.