PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  15 November 2001
	DOCKET NUMBER:  AR2001060213

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Stanley Kelley		Member	
	Ms. Karen A. Heinz		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 US Army Reserve (USAR) be voided and that he be transferred to the Retired Reserve.

3.  The applicant states he had a retirement ceremony and that everyone was aware that he was retiring; however, he did not know that he had to specifically request transfer to the Retired Reserve.  In support of his application, he submits a copy of his 20-Year Letter and a copy of his US Army Reserve Personnel Command (AR-PERSCOM) Orders D-09-770130, dated 11 September 1997.

4.  The applicant’s military records show that he enlisted on 4 October 1966, and continued to serve until he was honorably discharged on 14 September 1969.  He was transferred to the USAR.  He enlisted in the USAR on 17 March 1978,
for a period of 6 years.  He continued to serve in the USAR through a series of continuous reenlistments until he was honorably discharged from the USAR on 11 September 1997, in the rank of Sergeant Major (SGM).

5.  On 30 October 1996, AR-PERSCOM notified the applicant that he had completed the required years of service to be eligible for retired pay upon applicant’s age at 60 (20-Year Letter).

6.  The applicant provided a copy of AR-PERSCOM Orders D-09-770130, dated 11 September 1997, which shows that the applicant was honorably discharged from the USAR with an effective date of 11 September 1997.

7.  A copy of the applicant’s Chronological Statement of Retirement Points (Summary Points Inquiry/Update) was provided by AR-PERSCOM to a staff member of the Board.  The document indicates that the applicant had completed 21 years of qualifying service for retirement purposes.

8.  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 an 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.

9.  Army Regulation 135-178, in effect at the time, established the policies, standards, and procedures governing the administrative separation of enlisted soldiers from the Reserve Components.  Paragraph 1-3 states, in pertinent part,
that orders discharging a soldier would not be revoked or the effective date changed after the effective date of discharge unless there was evidence of 
manifest error or fraud.  After the effective date of discharge, orders could be amended by the separation authority only to correct manifest errors such as the wrong character of service or to correct administrative errors such as errors concerning rank, social security number, or misspelled name.

CONCLUSIONS:

1.  In the absence of evidence to the contrary, it must be presumed that the
applicant’s discharge was accomplished in accordance with law and regulations applicable at the time.

2.  However, it is apparent that the applicant was qualified for transfer to the Retired Reserve as indicated by the issuance of a 20-Year Letter.  It appears that, had the applicant been informed that he needed to request transfer to the Retired Reserve, he would have elected to do so.

3.  Inasmuch as the applicant meets eligibility requirements for assignment to the Retired Reserve, it would be equitable and just to correct his military records by revoking his discharge of 11 September 1997, and assigning him to the Retired Reserve effective the same date.

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:

a.  by revoking the 11 September 1997 discharge from the USAR; and

b.  by showing that he was transferred to the Retired Reserve effective
11 September 1997.

BOARD VOTE:  

__sk___  __iw____  ___kh___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Irene N. Wheelwright____
		        CHAIRPERSON

INDEX

CASE ID	AR2001060213	
SUFFIX		
RECON		
DATE BOARDED	20011115	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19970911	
DISCHARGE AUTHORITY	AR 140-10. . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  341		
2.		
3.		
4.		
5.		
6.