PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  26 February 2002
	DOCKET NUMBER:  AR2001058886

	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. Joann Langston		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Raymond J. Wagner		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 be revoked and he be reinstated in the Ready Reserve.

3.  The applicant states, in effect, that he was discharged for failure to respond to official correspondence that he never received because the Army Reserve Personnel Command (AR-PERSCOM) did not use his correct address.

4.  The applicant’s military records show that he served in the Navy from 22 July 1968 through 3 July 1974.  After a break in service he was commissioned a second lieutenant in the Army National Guard on 4 June 1978.  He continued to serve in Reserve Component unit assignments and the Individual Ready Reserve (IRR) until he was promoted to major effective 4 September 1992.

5.  Effective 21 October 1998, he was discharged by the AR-PERSCOM effective the same date.  The reason provided for his discharge was his failure to respond to official correspondence on more than one occasion.  The address used on the discharge order is in Fresno, California.

6.  Official documents in the applicant’s records show that, for at least the past 11 years, he has resided at the same address in Kirkland, Washington.  His correct address is also shown on his Chronological Statement of Retirement Points provided by the AR-PERSCOM and it is the same address listed on his DD Form 149, dated 6 June 2001.  There is no documentation in the available record to show that the applicant has resided in Fresno, California since his enlistment in the Navy in 1968.

7.  Information provided by the Office of Promotions, Reserve Components, revealed that the applicant had been considered for promotion to lieutenant colonel prior to his separation; however, his name has been administratively removed from that list since he was separated prior to the approval of the list.

8.  Army Regulation 140-10 provides the policy for assignment, removal, and transfer of Army Reserve personnel.  Chapter eight governs membership in the Standby Reserve.  Assignment to the Standby Reserve will be in either the Active or Inactive Status List.  Soldiers on the Inactive Status List may not train for pay or retirement points and are not eligible for promotion until 12 months after they are returned to a Ready Reserve status.

CONCLUSIONS:

1.  It appears that an injustice was done when the applicant was discharged for failure to respond to official correspondence on more than one occasion when an incorrect address was used.

2.  The applicant is entitled to have his discharge revoked and be reinstated in his commissioned officer status in the IRR.

3.  To provide the applicant a fair opportunity to demonstrate promotion potential his records should be corrected to show that he was transferred to the Standby Inactive List, as an exception to policy, effective 4 June 1995, and then transferred to the Reinforcement Control Group effective with the approval of these Proceedings.

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 for the individual concerned be corrected by:

	a.  revoking his discharge of 21 October 1998;

	b.  showing that he was transferred to the Standby Inactive List effective 4 June 1995; and

	c.  transferring him to the Reinforcement Control Group effective with the approval of these Proceedings.

BOARD VOTE:  

___jl___  ___rd__  ___rw____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Joann Langston__
		        CHAIRPERSON

INDEX

CASE ID	AR2001058886	
SUFFIX		
RECON		
DATE BOARDED	20020226	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	110.03	
2.		
3.		
4.		
5.		
6.