PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            4 June 2002
	DOCKET NUMBER:   AR2002069831

	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:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Ms. Regan K. Smith		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 discharge from the United States Army Reserve (USAR) be voided and that he instead be transferred to the USAR Control Group (Retired). 

3.  The applicant states, in effect, that while he was never counseled on the differences between discharge and transfer to the Retired Reserve, he elected to be transferred to the Retired Reserve.  However, he was instead discharged and until recently, when he discovered an Army Reserve Personnel Command (ARPERSCOM) web site explaining the differences and called officials at the ARPERSCOM to obtain additional information, did he become aware that being discharged could affect his Retired Pay.  He goes on to state that he has been told that he will not be eligible for cost of living adjustments since his discharge and he desires his records to be corrected to show that he was transferred to the Retired Reserve instead of being discharged.  In support of his application he submits a copy of his option selection form (AGUZ Form 2774).

4.  The applicant’s military records show that he enlisted in the USAR on 25 January 1966 and remained in the USAR through a series of continuous reenlistments.  He was promoted to the pay grade of E-7 on 18 September 1972 and his last reenlistment was on 1 October 1985, for a period of 3 years.  His expiration of term of service (ETS) was 30 September 1988.  His records show that as of 24 January 1986, he had 20 qualifying years of service for retirement purposes.

5.  On 30 September 1988, the Army Reserve Personnel Center (now designated ARPERSCOM) published orders discharging the applicant from the USAR on his scheduled ETS.  A review of the available records fails to show that the applicant elected transfer to the Retired Reserve.  

6.  However, the copy of the AGUZ Form 2774 submitted by the applicant shows that he completed the form on 12 January 1987 and elected to be transferred to the Retired Reserve.  He also declined a retirement ceremony.  

7.  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. 

8.  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 he was afforded the opportunity to be transferred to the Retired Reserve and elected to do so.  It also appears that an administrative error resulted in the applicant being discharged instead of being transferred to the Retired Reserve, as he requested.  

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 voiding his discharge of 30 September 1988 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 be corrected by voiding the 30 September 1988 discharge from the USAR of the individual concerned; and by showing that he was transferred to the Retired Reserve effective 30 September 1988.

BOARD VOTE:  

___ao ___  ___rks __  __jlp____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_       Jennifer L. Prater     _
		        CHAIRPERSON

INDEX

CASE ID	AR2002069831	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/06/04	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	1988/09/30	
DISCHARGE AUTHORITY	AR135-178	
DISCHARGE REASON	ETS	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  341	136.0300/RET RES	
2.		
3.		
4.		
5.		
6.