PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           10 January 2002
	DOCKET NUMBER:   AR2001060864

	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	
	Mrs. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. John T. Meixell		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 his discharge from the United States Army Reserve (USAR) be voided and that he be transferred to the Retired Reserve.

3.  The applicant states that he did not wish to be discharged from the USAR, and that, on 14 October 2000, he requested transfer to the Retired Reserve, but instead he was discharged.

4.  In support of his application, the applicant submitted a statement in his own behalf; DA Form 4651-R, Request for Reserve Component Assignment or Attachment, dated 14 October 2000; and a copy of orders discharging him from the USAR.

5.  The applicant’s military records show that the US Army Reserve Personnel Command (AR-PERSCOM), on 23 August 2000, mailed him a memorandum through command channels stating that he had not been selected for promotion to major.  Since this was his second non-selection for promotion to major, he was advised that he must separate and was given the option of choosing discharge or transfer to the Retired Reserve.  He was given 60 days (23 October 2000) to make his election.

6.  The memorandum was received at Headquarters, 95th Division.  On 5 September 2000, the Commander, 95th Division forwarded the memorandum to the Commander, 3rd Brigade.  On 12 September 2000, the 3rd Brigade forwarded it to the Commander, 6th Battalion.  It is unclear when the applicant received the memorandum.

7.  On 14 October 2000, the applicant submitted DA Form 4651-R requesting transfer to the Retired Reserve, effective 1 March 2001.  His battalion commander also signed the DA Form 4651-R on 14 October 2000 and endorsed it to the Commander, 95th Division.  Although the exact date of arrival is unknown, Headquarters, 95th Division states that the DA Form 4651-R did not arrive at division headquarters before the AR-PERSCOM suspense date of 23 October 2000.

8.  A chronological summary of the applicant’s retirement points shows that he has over 26 years of creditable service qualifying him for reserve retirement and that he was issued a 20-year letter certificate on 29 October 1996.

9.  Department of the Army, AR-PERSCOM Orders Number D-01-105921, dated 31 January 2001, discharged the applicant from the USAR under the provisions of Army Regulation 135-175 with an honorable discharge, effective 2 February 2001.

CONCLUSIONS:

1.  The applicant’s honorable discharge from the USAR was proper and accomplished in accordance with law and regulations.  However, the applicant's DA Form 4651-R electing transfer to the Retired Reserve was forwarded to division headquarters 10 days before the deadline and should have been forwarded to AR-PERSCOM well before 23 October 2000.  It is reasonable to assume that had the appropriate office received the applicant’s request to transfer him to the Retired Reserve in sufficient time, he would have been transferred to the Retired Reserve, not discharged.

2.  Since the applicant meets the eligibility requirements for transfer to the Retired Reserve and completed his election option 10 days before the deadline, it would be equitable and just to correct his military records.

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 be corrected by voiding the 2 February 2001 discharge of the applicant from the USAR and by showing that he was transferred to the Retired Reserve effective the same day. 

BOARD VOTE:  

_FNE____  __TSK__  __JTM__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		   _Fred N. Eichorn________
		        CHAIRPERSON

INDEX

CASE ID	AR2001060864	
SUFFIX		
RECON		
DATE BOARDED	20011210	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	20010202	
DISCHARGE AUTHORITY	AR 135-175	
DISCHARGE REASON	2X’s non-selection for promotion	
BOARD DECISION	GRANT	
REVIEW AUTHORITY	DASA	
ISSUES         1.	136.0300	
2.		
3.		
4.		
5.		
6.