PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           23 OCTOBER 2003                   
	DOCKET NUMBER:  AR2003087890

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Arthur A. Omartian		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 that her record be corrected to show that she was transferred to the Retired Reserve instead of being discharged.

3.  The applicant states that her unit discharged her, although she requested a transfer to the Retired Reserve.  She provides a four-page rundown of her attempts to be transferred to the Retired Reserves.    

4.  The applicant’s military records show that she enlisted in the Army Reserves in 1978 and has served continuously with the Army Reserves until her discharge in January 2003.  She has 24 years of qualifying service for retired pay at age 60. Her last enlistment in the Reserves was for six years on 12 January 1996.  On   22 April 1999 she was notified of her eligibility to receive retired pay at age 60 (20 year letter).  She is eligible to receive retired pay in July 2004.

5.  An Oath of Extension of Enlistment or Reenlistment (DA Form 4836) was prepared, purporting to show that she extended her 12 January 1996 for            12 months, on 27 July 2002.  That form indicates that she had a previous extension of her enlistment, and that her ETS (expiration of term of service) was 11 August 2002.  The oath was authenticated by a commissioned officer; however, not signed by the applicant.  

6.  On 3 August 2002 the applicant applied to the Army Reserve Personnel Center at St. Louis for retired pay benefits to be effective on 25 July 2004, the date she reaches age 60.

7.  E-mails to a sergeant major and her battalion commander on 17 August 2002 indicate that she had decided to retire from the Army.

8.  Documents show that she provided, by facsimile, documents to her unit showing that she had extended to 11 August 2002.  She provided those documents in October 2002 so that her unit could prepare the papers she had to sign to transfer to the Retired Reserve.

9.  On 9 September 2002 the applicant signed a request for assignment to the Army Reserve Personnel Command at St. Louis effective 11 August 2002.  That request shows that the reason for her transfer was because of her ETS.  Also, on 9 September 2002 she completed a personnel action form requesting transfer to the Retired Reserve.

10.  Orders published by the 108th Division, her Reserve command show that she was discharged from the Army Reserve on 21 January 2003.  Those orders also show that she was held beyond her normal discharge date through no fault of her own.

11.  Army Regulation 140-10, Chapter 6, provides policies and procedures for transfer to the Retired Reserve.  Paragraph 6-1 states, in pertinent part, that assignment to the Retired Reserve is authorized if a soldier has completed a total of 20 years of active or inactive service in the Armed Forces.  Eligible soldiers must request transfer. 

CONCLUSIONS:

1.  The applicant's Reserve command discharged her because she was well past her ETS, and they did not have the necessary documents from her requesting transfer to the Retired Reserves.  It appears there was some misunderstanding and confusion between the applicant and members of her chain of command.  The evidence shows that she did desire to transfer to the Retired Reserve, and that she attempted to effect her transfer; however, not completing the necessary forms until after her ETS.      

2.  The applicant’s request is reasonable.  She did have 24 years of continuous and faithful service.  Her discharge, although not erroneous, appears to be a simple case of misunderstanding and ineffective communications.  

3.  Consequently, it would be in the interest of justice to revoke the orders discharging her from the Army Reserve on 21 January 2003; and instead, to transfer her to the Army Reserve Control Group (Retired) on that 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:

	a.  revoking Orders 03-021-0003 issued by Headquarters, 108th Division (Institutional Training) discharging the applicant from the Army Reserve on        21 January 2003; and

b.  transferring the applicant to the Army Reserve Control Group (Retired) effective 21 January 2003. 

BOARD VOTE:  

__JHL___  __MKP__  __AAO __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Joann H. Langston____
		        CHAIRPERSON

INDEX

CASE ID	AR2003087890	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031023	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.