PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  4 December 2001
	DOCKET NUMBER:  AR2001060571

	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. Eric N. Andersen		Member	
	Ms. Margaret K. Patterson		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 transferred to the Retired Reserve.

3.  The applicant states, in effect, that he was to be transferred to the Retired Reserve until his age of 60 but he was discharged.

4.  The applicant’s military records show that he was assigned to the Army National Guard (ARNG) in the pay grade of E-7.  His expiration of term of service (ETS) was shown as 15 November 1984.  A 1 December 1983 memorandum, from his unit commander to the State Adjutant General, states that the applicant had completed 20 years of qualifying service for retirement and was willing to retire because of an employment conflict.  The commander recommended approval.

5.  Orders were issued on 1 March 1984, which discharged the applicant from the ARNG and transferred him to the Individual Ready Reserve (IRR) effective 28 February 1984.  The Army Reserve Personnel Center (ARPERCEN) issued orders, which discharged the applicant effective 15 November 1984, by reason of ETS.

6.  The National Guard Bureau issued the applicant his Notification of Eligibility for Retired Pay at Age 60 on 27 June 1986.  The applicant has applied for and is receiving entitlement to Reserve retired pay.

7.  Army Regulation 135-178 provides for the separation of enlisted soldiers.  Chapter 11 states that the separation authority, on ETS, will discharge the soldier.  It also states that a soldier will not be kept past his ETS without his consent or under other operation of law.

8.  Army Regulation 140-10 prescribes the policy and procedures for transfer to the Retired Reserve.  It provides for transfer to the Retired Reserve for soldiers who have completed a minimum of 20 qualifying years for retired pay at age 60.  It also provides that the individual must request transfer to the Retired Reserve in writing or be discharged upon ETS or upon reaching mandatory removal.

9.  Army Regulation 140-111 provides the policy for the Army Reserve reenlistment program.  It provides, in pertinent part, that a DA Form 4644-R (reenlistment data) will be used to inform the soldier of his options.  There was no DA Form 4644-R in the available record to indicate that the applicant was advised of his options to include transfer to the Retired Reserve.

CONCLUSIONS:

1.  The intent of transfer of the applicant to the Retired Reserve was clearly stated by the unit commander.  It appears that his transfer to the IRR was an administrative error.

2.  It also appears that the applicant was discharged from the IRR without the opportunity to request reenlistment or transfer to the Retired Reserve.  This administrative error should now be corrected.

3.  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 ARPERCEN order that discharged the applicant effective 15 November 1984; and

	b.  showing that he was transferred to the Retired Reserve effective 15 November 1984.

BOARD VOTE:  

__jl___  ___ea___  __mp____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Joann Langston___
		        CHAIRPERSON

INDEX

CASE ID	AR2001060571	
SUFFIX		
RECON		
DATE BOARDED	20011204	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	136.03	
2.		
3.		
4.		
5.		
6.