PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            28 February 2002
	DOCKET NUMBER:   AR2001063504

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Celia L. Adolphi		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 her discharge from the United States Army Reserve (USAR) be voided and that she instead be transferred to the Retired Reserve.

3.  The applicant states that she told her unit on numerous occasions prior to the expiration of her term of service (ETS) that she desired to be retired.  However, her unit allowed her to reach her ETS and discharged her instead.  She goes on to state that her being discharged affects not only her benefits but her Retired Pay as well.  She further states that given her training, she should be allowed to remain affiliated with the Reserves so that if the opportunity presents itself, she can be allowed to again serve her country.

4.  The applicant’s military records show that she was promoted to the rank of master sergeant in the USAR on 26 October 1990.  

5.  On 30 September 1998, the Army Reserve Personnel Command (ARPERSCOM) notified the applicant (20-year letter) that she had completed the required years of service to be eligible for Retired pay at age 60 (6 December 2017).  

6.  On 27 April 1999, Headquarters, 95th Division in Oklahoma City, Oklahoma, published orders number 117-05, which discharged the applicant from the USAR, effective 1 May 1999, on her ETS.

7.  A review of the applicant’s records fails to reveal that any type of notification was dispatched to the applicant prior to her discharge, which explained what her options consisted of at the time.

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 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. 

9.  Army Regulation 135-178, in effect at the time, established the policies, standards, and procedures governing the administrative 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 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 presumed that the applicant’s discharge was accomplished in accordance with law and regulations applicable at the time.  

2.  However, it appears that she was not afforded the opportunity to be transferred to the Retired Reserve.  It is also reasonable to presume that given her qualifying years of creditable service for retired pay purposes, had she been afforded the opportunity prior to discharge, she would have elected to be transferred to the Retired Reserve.

3.  Inasmuch as the applicant meets eligibility requirements for assignment to the Retired Reserve, it would be equitable and just to correct her military records by voiding her discharge of 1 May 1999, and assigning her 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 by voiding the 1 May 1999 discharge from the USAR of the individual concerned; and by showing that she was transferred to the Retired Reserve, effective 1 May 1999.

BOARD VOTE:  

___jm___  ___cla___  __rvo___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor, Jr.__
		        CHAIRPERSON

INDEX

CASE ID	AR2001063504	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/02/28	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  333	135.0100/TRAN RET RES	
2.		
3.		
4.		
5.		
6.