PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  18 December 2001
	DOCKET NUMBER:  AR2001060711

	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. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Jose A. Martinez		Member	
	Mr. Thomas Lanyi		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 her honorable discharge from the Reserve be voided and that she be transferred to the Retired Reserve.

3.  The applicant states that she originally intended to join the Individual Ready Reserve (IRR).  There is no policy established by the U. S. Army Reserve (USAR) providing guidance to soldiers regarding procedural options available to soldiers that are eligible for retirement.  She did not receive the necessary information to make a good decision.  Retention members consistently lied about what was possible.

4.  The applicant’s military records show that she was a USAR sergeant first class in a Reserve Troop Program Unit (TPU).  On 11 February 1999, the U. S. Army Reserve Personnel Command (AR-PERSCOM) published a memorandum, “Twenty Year Letter,” notifying the applicant that she was eligible for retired pay at age 60.  She had served continuously since 12 January 1979 and served continuously in the USAR from 30 July 1984.  Her enlisted term of service expired on 10 December 1999.  She was qualified but did not extend her enlistment or reenlist.  She was honorably discharged on 1 May 2000, as a result of expiration of term of service, by Headquarters, 377th Theater Support Command, orders 126-10, dated 5 May 2000.

5.  Army Regulation 140-10 (Army Reserve Assignments, Attachments, Details, and Transfers), paragraph 6-1, specifies, in pertinent part, that Reserve soldiers are eligible to be assigned to the Retired Reserve when they have completed 
20 years active and inactive service and/or are qualified to receive retired pay at age 60.  While assigned in the Retired Reserve, an enlisted USAR soldier does not have to reenlist.

CONCLUSIONS:

1.  The applicant was eligible to be transferred to the Retired Reserve.  She states that she was not provided information on this option.  She now requests that she be so transferred.  In the interest of fairness, her discharge should be revoked and she should be transferred to the Retired Reserve, effective 
1 December 1999.

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 be corrected for the individual concerned by:

	a.  revoking Headquarters, 377th Theater Support Command, orders 
126-10, dated 5 May 2000, discharging the individual on 1 May 2000; and

b. transferring her to the Retired Reserve effective 1 December 1999.

BOARD VOTE:  

__iw____  ___jm___  __tl____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Irene N. Wheelwright__
		        CHAIRPERSON

INDEX

CASE ID	AR2001060711	
SUFFIX		
RECON		
DATE BOARDED	20011218	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	20000501	
DISCHARGE AUTHORITY	AR 625-200	
DISCHARGE REASON	ETS	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	136 – Retirement/Separation	
2.		
3.		
4.		
5.		
6.