MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            17 October 2002
	DOCKET NUMBER:   AR2002069801

	I certify that hereinafter is recorded the record of consideration 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:

	Ms. Joann H. Langston		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Richard T. Dunbar		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
            records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his 11 January 2002 discharge from the United States Army Reserve (USAR) be voided and that he instead be transferred to the Retired Reserve.

APPLICANT STATES:  In effect, that he requested transfer to the Retired Reserve, however, he did not do so within the established suspense date he was given and thus was discharged.  He goes on to state that he did not do so because at the time he was experiencing a lot stress in regards to the possibility of losing his job and had to be prescribed medicine (anti-depressants) to cope with the situation.  He goes on to state that the situation was eventually resolved and he submitted his election of options statement on 22 January 2002; however, he had already been discharged on 11 January 2002.  After contacting officials at the Army Reserve Personnel Command (ARPERSCOM), he was advised to apply to the Board.  He further states that he understands the importance of meeting suspense dates but also realizes the importance of having experienced Reserve personnel to draw on when needed.  He also states that his request is a reasonable one and one that is beneficial to all concerned.  In support of his application he submits a copy of his option election form and a letter from his doctor indicating that he had been prescribed medication. 

EVIDENCE OF RECORD:  The applicant's military records show:

After serving 6 years, 7 months and 5 days of active service in the Air Force, he was honorably discharged in the pay grade of E-5 on 25 June 1974.  He enlisted in the USAR on 3 January 1976 and served in the USAR and the Florida Army National Guard (FLARNG) during intermittent enlistments until he was commissioned as a USAR and FLARNG second lieutenant on 23 February 1989. He was promoted to the rank of captain on 1 January 1995. 

On 21 March 2001, the ARPERSCOM notified the applicant (20-year letter) that he had completed the required years of service to be eligible for Retired pay at age 60 (5 June 2008).  

On 25 September 2001, the ARPERSCOM dispatched a memorandum to the applicant informing him that he had not earned the required number of retirement points during the Retirement Year Ending (RYE) date and as such was required to be discharged unless he requested transfer to the Retired Reserve or requested a one-time waiver.  The applicant was provided an election statement and was given until 30 October 2001, in which to select an option.

The applicant was honorably discharged from the USAR on 11 January 2002.  He completed the option election statement requesting transfer to the Retired Reserve on 22 January 2002.

The supporting statement from the applicant’s physician indicates that he prescribed an anti-depressant for the applicant on 27 December 2001 and that the applicant voluntarily terminated its use on 18 February 2002.

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. 

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.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  The applicant’s honorable discharge from the USAR was accomplished in accordance with law and regulations applicable at the time.

3.  The Board has noted the applicant’s contentions regarding the stressful situation he was under at the time and notes that not only did the ARPERSCOM give him 30 days to make an election option, they delayed the discharge action an additional 2 ½ months after the established suspense date.  This was more than sufficient time for him to make a simple election.  Accordingly, the Board finds no basis to void a duly constituted discharge order that was properly executed.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___mvt__  ___jhl___  ___rtd___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002069801	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/10/17	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  335	135.0300/CHG STATUS	
2.		
3.		
4.		
5.		
6.