MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            16 July 2002
	DOCKET NUMBER:   AR2002072514

	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:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Donald P. Hupman		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 discharge from the United States Army Reserve (USAR) be voided and that he instead be transferred to the inactive Reserve.

APPLICANT STATES:  That he should not have been discharged from the USAR; but instead, should have been transferred to the inactive Reserve.  He goes on to state that he does not know why he was discharged but that he should not be penalized for mistakes made by the military.

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

He enlisted in the Colorado Army National Guard (COARNG) on 25 January 1960 and continued to serve through a series of continuous extensions of service.  

On 7 January 1981, the National Guard Bureau (NGB) in Washington, D.C. issued the applicant a Notification of Eligibility for Retired Pay (20-year letter) at Age 60 (30 April 2002).  He completed his Survivor Benefit Election Option Statement on 6 April 1981 and on 1 July 1981, he was transferred to the inactive National Guard.

On 24 January 1984, he was honorably discharged from the COARNG at his expiration of term of service (ETS) under the provisions of National Guard Regulation 600-200, paragraph 7-11a(2)(d) and his personal request.  He was transferred to the USAR Control Group (Reinforcement), where he remained until he was honorably discharged on 7 February 1989, under the provisions of Army Regulation 135-178.

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

2.  The applicant’s contentions have been noted by the Board; however, they are not supported by the evidence submitted with his application or the evidence of record.  There is no indication in the available records to show that the applicant took steps to either extend his enlistment or to reenlist prior to his ETS.  Accordingly, since he no longer had a valid contract, unless he submitted a request for transfer to the Retired Reserve, discharge was the proper course of action to be taken by the Army. 

3.  Although his discharge will have no effect on his right to apply for Retired Pay at age 60 or his entitlement to benefits, his failure to elect transfer to the Retired Reserve vice discharge has allowed him to not be subject to recall for the past 14 years.

4.  While the Board has the authority to transfer him to the Retired Reserve at this time, to do so would serve no purpose.  The applicant has already reached his eligibility point to apply for Retired Pay and in doing so, he will automatically be placed in the Retired Reserve.

5.  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.

6.  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

___dh___  ___fe ___  __mm___  DENY APPLICATION

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

INDEX

CASE ID	AR2002072514	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/07/16	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  333	135.0100/TRANS COMP	
2.		
3.		
4.		
5.		
6.