RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  18 November 2003
	DOCKET NUMBER:  AR2003085703

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Mark D. Manning		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that his discharge be revoked and that he be transferred to the Retired Reserve.

2.  The applicant states that he had asked to be placed in the Individual Ready Reserve (IRR) while he resolved a medical problem that might allow him to return to his unit.  In an attached statement, the applicant relates that he was not clear that he was totally discharged from the IRR since it occurred just after his transfer to the IRR.  He would like his records to show that he enlisted in the IRR from 20 November 2001 to 19 November 2002 and then transferred to the Retired Reserve.

3.  The applicant provides copies of documents from his military records in support of his request.

CONSIDERATION OF EVIDENCE: 

1.  At the time of his transfer to the IRR the applicant was serving as a sergeant major in an Army Reserve medical brigade.  On 14 October 2001 a request for reassignment from his unit to the IRR was prepared by the unit commander.  The reason for the reassignment was shown as voluntary, personal reasons.  The applicant's expiration of term of service (ETS) shown on the request was 2 November 2001.

2.  Effective 29 October 2001, the applicant was reassigned to the IRR.  Effective 20 November 2001, the applicant was discharged from the Army Reserve based on his ETS date of 2 November 2001.  There is no evidence that the applicant reenlisted or extended his enlistment beyond 2 November 2001.

3.  The applicant's Chronological Statement of Retirement Points shows that on 20 November 2001 he had completed 24 years, 11 months, and 29 days of qualifying service for retirement.

4.  Army Regulation 135-180 provides policy for the granting of retired pay to soldiers and former Reserve Component soldiers.  It states, in pertinent part, that pay is granted after completion of 20 or more years of qualifying service and upon attainment of age 60.

5.  Army Regulation 140-10 sets forth the basic authority for the assignment, attachment, detail, and transfer of USAR soldiers.  Chapter 7 of the regulation relates to the removal of soldiers from an 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.
DISCUSSION AND CONCLUSIONS:

1.  The applicant was appropriately discharged on his ETS.  There was no error or injustice noted.  As a sergeant major with over 24 years of service he knew or should have known that he needed to extend his enlistment or reenlist at the proper time to remain in a Ready Reserve status.

2.  It would be appropriate however, as a matter of equity, to correct his records to show that he was transferred to the Retired Reserve effective 20 November 2001 instead of discharged.

BOARD VOTE:

__js___  ___be___  ___mm___  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by voiding his discharge from the Army Reserve effective 20 November 2001 and showing that he was transferred to the Retired Reserve effective the same date.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting his records to show that he enlisted in the IRR from 20 November 2001 to 19 November 2002 and then transferred to the Retired Reserve.

		___John N. Sloan____
		        CHAIRPERSON

INDEX

CASE ID	AR2003085703	
SUFFIX		
RECON		
DATE BOARDED	20031118	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.	136.01	
2.	136.04	
3.		
4.		
5.		
6.