PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  4 June 2002
	DOCKET NUMBER:  AR2002066592

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Ms. Regan K. Smith 		Member	
	Mr. Arthur A. Omartian		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 US Army Reserve (USAR) be voided and that he be transferred to the Retired Reserve in order to utilize his military benefits.

3.  The applicant states that he was transferred to the Individual Ready Reserve (IRR) on 1 September 2000, and his enlistment terminated on 13 March 2001.  He never submitted his retirement forms, received an honorable discharge on 13 March 2001, and completed over 20 years of qualifying service.  In support of his application, he submits copies of:  his Notification of Eligibility for Retired Pay at age 60 (20-Year Letter), dated 7 October 1999; US Army Reserve Personnel Command (AR-PERSCOM) Orders D-03-113802, dated 13 March 2001; and a copy of a DA Form 4836 (Oath of Extension of Enlistment or Reenlistment).

4.  The applicant’s military records show that he enlisted in the USAR on 1 September 1981, with prior military service.  He continued to serve in the USAR through a series of continuous reenlistments.

5.  On 7 October 1999, AR-PERSCOM notified the applicant that he had completed the required years of service to be eligible for retired pay upon applicant’s age at 60 (20-Year Letter).

6.  The applicant’s records contain a copy of his Chronological Statement of Retirement Points, dated 8 October 1999, which shows that he had completed
20 years of qualifying service for retirement purposes.

7.  He was honorably discharged from the USAR on 13 March 2001, in the rank of Sergeant Major (SGM).

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 the regulation relates to the removal of soldiers from an 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 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 evidence of 
manifest error or fraud.  After the effective date of discharge, orders could be amended by the separation authority only to correct manifest errors such as the wrong character of service or to 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 is apparent that the applicant was qualified for transfer to the Retired Reserve as indicated by the issuance of a 20-Year Letter.  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 revoking his discharge of 13 March 2001, 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 for the individual concerned be corrected:

a.  by revoking the 13 March 2001 discharge from the USAR; and

b.  by showing that he was transferred to the Retired Reserve effective
13 March 2001.

BOARD VOTE:  

__jp___  ___rs____  __ao_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Jennifer L. Prater_
		        CHAIRPERSON

INDEX

CASE ID	AR2002066592	
SUFFIX		
RECON		
DATE BOARDED	20020604	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	20010313	
DISCHARGE AUTHORITY	AR .140-10	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  333		
2.		
3.		
4.		
5.		
6.