PROCEEDINGS

	IN THE CASE OF:    

	BOARD DATE:           20 August 2002                  
	DOCKET NUMBER:   AR2002068872

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Ms. Melinda M. Darby		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Curtis L. Greenway		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 records be corrected to show that he was discharged from the US Army Reserve (USAR) on 22 March 1995, not 16 January 1996.

3.  The applicant states that he should have been discharged at the expiration of his term of service (ETS).  The delay in discharging him has resulted in him being ineligible for a reenlistment bonus in the Army National Guard.

4.  The applicant’s military records show that he enlisted in the USAR for 6 years in pay grade E-4 with prior service on 23 March 1989.

5.  He was promoted to pay grade E-5 and was voluntarily transferred from his USAR unit to the USAR Control Group (Reinforcement) on 7 June 1992.

6.  On 16 January 1996, he was honorably discharged.

7.  Army Regulation 135-178, Separation of Enlisted Personnel, paragraph 11-1, states that on the ETS or completion of the period of statutorily obligated service, the enlisted soldier will be discharged.  However, if by administrative error the discharge is not executed on the prescribed date, the soldier is retained in the USAR for the convenience of the Government from his or her ETS to the date discharge orders are actually published.  

8.  Army Regulation 135-7, paragraph 4-2, authorizes a reenlistment bonus for reservists who are assigned to selected units or who hold selected military occupational specialties.  These reservists must have at least 6, but not more than 14, years of total military service at their ETS, and must reenlist within 3 months before or 24 hours after their ETS.  

CONCLUSIONS:

1.  The applicant was required to be discharged at his ETS on 22 March 1995.  However, because of administrative error, he was not discharged until 16 January 1996.

2.  While Army Regulation 135-178 provides for the retention of soldiers who are not discharged at their ETS due to administrative error, in this case the error has caused the applicant a financial loss in the form of his inability to qualify for a reenlistment bonus.

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 showing that the individual concerned was honorably discharged at his ETS on 22 March 1995.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002068872	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	200208	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.