PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  28 October 2003
	DOCKET NUMBER:  AR2003083814

	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:

	Mr. Raymond J. Wagner		Chairperson	
	Ms. Marla J. Troup		Member	
	Ms. Linda D. Simmons		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 separation orders be corrected to show that he was transferred to the Retired Reserve effective 5 September 2002 instead of 6 March 2002. 

3.  The applicant states that his expiration of term of service (ETS) was extended for 6 months with a new ETS of 5 September 2002.  He also states that his Oath of Extension did not arrive at the personnel office in time to avoid being placed in the Retired Reserve on 6 March 2002.  He also continued to drill after 5 March 2002 performing important personnel functions with his unit.  In support of his application, he submits a copy of his DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) and separation orders. 

4.  The applicant’s military records show he was inducted on 26 June 1969. He continued to serve until he was released from active duty on 25 March 1971.  He was transferred to the Army Reserve.  He enlisted in the USAR on 26 March 1975 and continued to serve through a series of continuous reenlistments.

5.  He was promoted to master sergeant (MSG) effective 9 December 1988 with a date of rank of 9 December 1988.

6.  The applicant provided a copy of his Oath of Extension, dated 15 January 2002, which shows that he extended his current ETS of 5 March 2002 for a period of 6 months, with a current ETS of 5 September 2002.

7. The applicant provided a copy of US Army Reserve Personnel Command (AR-PERSCOM) Orders C-02-203292, dated 1 February 2002, which shows that he was released from the USAR Control Group (Reinforcement) and was transferred to the Retired Reserve, effective 6 March 2002. 

8.  The applicant's Chronological Statement of Retirement Points shows that he completed 25 years of qualifying service for retirement purposes.  It also shows that he continued to drill past his separation date of 6 March 2002 through 20 August 2002.

CONCLUSIONS:

1.  The evidence of record shows that on 15 January 2002, the applicant extended his current ETS of 5 March 2002 for a period of 6 months with a new ETS of 5 September 2002.  The evidence also shows that he was transferred to the Retired Reserve effective 6 March 2002, the day after his prior ETS.

2.  The applicant's statement of retirement points clearly shows that he continued to participate in drills past his ETS of 5 March 2002 until 20 August 2002.  It is apparent that the applicant's Oath of Extension did not arrive at the personnel office in a timely matter to avoid being placed in the Retired Reserve on 6 March 2002.  Therefore, it would be in the interest of justice to correct his separation orders, dated 1 February 2002, to show an effective date of 5 September 2002 and transfer to the Retired Reserve effective 6 September 2002.

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 for the individual concerned be corrected by amending his separation orders, dated 1 February 2002, to show an effective date of 5 September 2002 and transfer to the Retired Reserve effective 6 September 2002.

BOARD VOTE:  

__rw____  ___mt___  __ls____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond J. Wagner___
		        CHAIRPERSON

INDEX

CASE ID	AR2003083814	
SUFFIX		
RECON		
DATE BOARDED	20031028	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	20020306	
DISCHARGE AUTHORITY	AR 140-10	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	1023	
2.		
3.		
4.		
5.		
6.