PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  15 March 2000
	DOCKET NUMBER:   AR1999028524

	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. Theodore G. Heartley.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Van B. Cunningham		Member	
	Ms. Margaret Patterson		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 correction of his military records by voiding his discharge from the USAR and transferring him to the Retired Reserve.

3.  The applicant states, in effect, that during his separation processing from his Active Guard/Reserve (AGR) tour of duty, he was not provided complete or accurate information concerning his responsibilities or status after his release from the AGR.  He further states that he was unaware that individuals who were assigned to the Individual Ready Reserve had reporting responsibilities.  He attached several documents to his request that were also available in his records.  He also attached a copy of a VA notice of approval for 50% disability compensation.

4.  The applicant’s available military records show that he had prior Navy and Army active duty and Reserve service.  He began his last continuous period of AGR service, with a 3-year enlistment, on 1 April 1985.  He was promoted to his highest enlisted rank of sergeant first class (SFC) on 1 November 1987 and reenlisted for another 3-year AGR tour on 5 February 1988.

5.  On 18 January 1990, he requested early release from active AGR service to enter the Retired Reserve.  The basis for his request concerned his desire to provide his teenaged daughter more assistance and support to resolve family health issues.

6.  On 23 February 1990, he was notified by the Army Reserve Personnel Center (now known as the Army Reserve Personnel Command or ARPERSCOM) that he had completed the required years of service to qualify for retired pay at age 60. 

7.  On 25 April 1990, the Office of the Chief, Army Reserve (OCAR), Chief, Enlisted Management Division, approved his request with a release date of 2 July 1990.  This document also indicated that he should be counseled regarding his continued participation in the USAR specifically, Troop Program Unit (TPU), Individual Mobilization Augmentation (IMA), and Individual Ready Reserve (IRR).  His APRC Form 249-2-E, Chronological Statement of Retirement Points, shows that as of 17 May 1990, he had completed 21 years, 1 month and 10 days of qualifying service for retirement pay at age 60.  There was nothing contained in his records to show that separation counseling occurred.  Also, there was nothing to indicate that he was counseled regarding his request for transfer to the Retired Reserve.

8.  An order issued by U.S. Army Garrison, Fort Sheridan, Illinois dated 4 June 1990, indicated that he was released from his AGR unit and reassigned to the USAR Control Group (Reinforcement) with an effective date of 2 July 1990.  He was discharged from the USAR effective 30 January 1996, on ARPERSCOM Order D-01-614465 dated 30 January 1996.

9.  Army Regulation 140-10 sets forth the basic authority for the assignments, attachments, details, and transfers of USAR personnel.  Chapter 6 establishes policy and prescribes procedures for the transfer of eligible members to the Retired Reserve and states, in effect and in pertinent part, that a member may request transfer to the Retired Reserve providing that such member has completed 20 years of active or inactive service.

CONCLUSIONS:

1.  The Board concludes that an administrative error occurred during processing of the applicant’s request for early release and transfer to the Retired Reserve.  After OCAR approved his request for early release from his AGR tour, he should have been separated from his AGR unit and transferred to the Retired Reserve instead of being reassigned to the USAR Control Group (Reinforcement). 

2.  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.  voiding the discharge of 30 January 1996 of the individual concerned promulgated on Order D-01-614465, U.S. Army Reserve Center, St. Louis, Missouri dated 30 January 1996; and 

	b.  transferring him to the Retired Reserve effective 31 January 1996.

 BOARD VOTE:  

__RO___  __VC__  __MP___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Raymond V. O’Connor, Jr.__
		        CHAIRPERSON

INDEX

CASE ID	AR1999028524	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000315	
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.		
2.		
3.		
4.		
5.		
6.