RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  8 January 2004
	DOCKET NUMBER:  AR2003088802

	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:

	Ms. Kathleen A. Newman		Chairperson	
	Ms. Linda M. Barker		Member	
	Mr. John T. Meixell		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 her status of "discharged" be changed to show "Retired Reserve."

2.  The applicant states that she had moved several times during this period.  Consequently, she did not receive an option letter and thought that her records were in order upon receipt of her 20-Year Letter.  She also states that she did not realize that her records needed to be corrected until she applied for her identification (ID) Card.  

3.  The applicant provides a copy of her 20-Year Letter, dated 30 December 1994.  

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of error which occurred on 18 April 1996, the date of her discharge.  The application submitted in this case is dated 1 March 2003.  

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records show she was appointed as a Reserve commissioned officer in the rank of second lieutenant (2LT/0-1) on 28 June 1981, with prior enlisted service. She was promoted to captain (CPT/0-3) effective 6 June 1987.

4.  On 30 December 1994, the Army Reserve Personnel Center (ARPERCEN) notified the applicant that she had completed the required years of service to be eligible for retired pay upon applicant’s age at 60 (20-Year Letter).

5.  On 18 April 1996, orders were published discharging the applicant from the USAR Control Group (Reinforcement), with an effective date of 18 April 1996, in the rank of captain.

6.  The applicant's Summary of Retirement Points shows that she has completed 20 years of qualifying service for retirement purposes.

7.  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. 

8.  Army Regulation 135-133 (Ready Reserve Screening, Qualification Records Systems, and Change of Address Reports), paragraph 4-3, states that each soldier must furnish a permanent home address (home of record).  When away from that permanent address for more than a month, the soldier will provide a temporary address.  USAR personnel on appointment, enlistment, reenlistment after break in service, or on transfer to the USAR may report their address change by use of any official form.  A letter to the unit commander or the Commander, AR-PERSCOM, as appropriate, will satisfy this requirement. 

DISCUSSION AND CONCLUSIONS:

1.  In the absence of evidence to the contrary, it is presumed that the applicant’s discharge was accomplished in accordance with law and regulations applicable at the time.  

2.  It is apparent that the applicant was qualified for transfer to the Retired Reserve as indicated by the issuance of a 20-Year Letter and had completed 20 years of qualifying service for retirement purposes. 

3.  It is assumed that an option letter was probably mailed to the applicant at her old address and a response was not received.  Therefore, the applicant was discharged.  It is noted that she moved several times.  The applicant was required by regulation to furnish a temporary address when away from her permanent address for more than month.

4.  Inasmuch as the applicant meets eligibility requirements for assignment to the Retired Reserve, it would be equitable and just to correct her military records by revoking her discharge of 18 April 1996, and assigning her to the Retired Reserve effective the same date.

BOARD VOTE:

__kn___  ___lb___  ___jm____  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected:

a.  by revoking the 18 April 1996 discharge from the USAR; and

b.  by showing that she was transferred to the Retired Reserve effective
18 April 1996.

		__Kathleen A. Newman___
		        CHAIRPERSON

INDEX

CASE ID	AR2003088802	
SUFFIX		
RECON		
DATE BOARDED	20040108	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19960418	
DISCHARGE AUTHORITY	AR 140-10	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	338	
2.		
3.		
4.		
5.		
6.