PROCEEDINGS

	IN THE CASE OF:          

	BOARD DATE:               20 December 2001                        
	DOCKET NUMBER:      AR2001060820

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Thomas B. Redfern		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 U.S. Army Reserve (USAR) be voided and that he be transferred to the Retired Reserve.

3.  The applicant states that he was improperly discharged rather than correctly placed on Retired Reserve status.  He assumed that he was in the Retired Reserve until he found his discharge document and orders.  The Army Reserve Personnel Center (ARPERCEN) informed him that he was discharged and not retired.  He received a letter of instruction from ARPERCEN and issued his current identification card which reflects his status as Reserve Retired.  He desires to remain in the Retired Reserve.  In support of his application, he submits a copy of his identification card and his Honorable Discharge Certificate.

4.  The applicant’s military records show that he was appointed as a Reserve commissioned officer on 13 August 1971 and was honorably discharged on 24 November 1975 under the provisions of Chapter 3, Army Regulation 635-120. He was appointed as a Reserve commissioned officer again on 25 November 1975 and remained in the USAR until he was discharged on 9 June 1999.

5.  The applicant’s Chronological Statement of Retirement Points, published on 20 November 2001, shows he completed 20 qualifying years of service for Reserve retirement at age 60.  However, the available records do not contain a copy of the applicant’s 20-Year Letter.

6.  ARPERCEN Orders D-06-942206, dated 9 June 1999, show the applicant was honorably discharged from the USAR Control Group (Reinforcement) effective 9 June 1999.

7.  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 that 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. 

8.  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 1-30 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 a manifest error or fraud.  After the effective date of discharge, orders could not be amended by the separation authority only to correct manifest errors such as the wrong character of service or 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 assumed 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 his Chronological Statement of Retirement Points.  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 voiding his discharge of 9 June 1999 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 be corrected:

a.  by voiding the 9 June 1999 discharge from the USAR of the individual concerned; and

b.  by showing that he was transferred to the Retired Reserve effective 9 June 1999.

BOARD VOTE:  

JNS_____  LE______  TBR____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		John N. Slone_________
		        CHAIRPERSON

INDEX

CASE ID	AR2001060820	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011220	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19990609	
DISCHARGE AUTHORITY	AR135-175	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	136.0300	
2.		
3.		
4.		
5.		
6.