PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:           11 February 2000                  
	DOCKET NUMBER:   AR1999029730

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Thomas B. Redfern, III		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 transfer to the Retired Reserve.

3.  The applicant states that he requested transfer to the Retired Reserve in September 1996 and was informed that it was done, only to find out one year later he was discharged because of unsatisfactory participation.  The applicant provides a chronological listing showing his military service, and the events in July 1996 when he requested transfer to the Retired Reserve, and the actions subsequent to that time period.

4.  The applicant’s military records show that he was inducted into the Army on   5 July 1967 and released from active duty on 30 June 1969.  His military service thereafter was in the Army Reserve.

5.  The applicant’s last enlistment in the Army Reserve was for 8 years on         12 March 1988.  On 10 March 1996 he extended that enlistment for 6 months, making his new ETS (separation date) 11 September 1996.

6.  He received notification of eligibility for retired pay at age 60 (twenty year letter) on 10 November 1995.  A chronological statement of retirement points shows that the applicant had 21 years, 7 months, and 7 days of qualifying service for retired pay at age 60.

7.  The applicant was discharged from the Army Reserve on 12 November 1996.

8.  Messages between a member of the 88th Army Reserve Command, the applicant’s former major command, and an individual of the Army Reserve Command, in the June-July 1998 time frame, indicate that the applicant was nearing his mandatory removal date based on his maximum years of service about the same time of his separation date (ETS), and his unit discharged him because of his ETS.  The 88th ARCOM soldier wanted to help the applicant, but was informed by the individual of the Army Reserve Command that that command could do nothing.  His discharge order could not be revoked.  

9.  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 information that the applicant has provided is convincing and his request is reasonable.  He did have over 21 years of faithful service and should collect the benefits of his service, despite the fact that he did not formally request transfer to the Retired Reserve.
2.  Consequently, the applicant’s records should be changed to void his discharge of 12 November 1996 from the Army Reserve and instead, show that he was transferred to the Retired Reserve on that date.

3.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below. 

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by 

     a.  voiding the order discharging the applicant from the Army Reserve on     12 November 1996; and

     b.  transferring the applicant to the Retired Reserve effective                         12 November 1996.

BOARD VOTE:  

___gdp__  ___mkp__  ___tbr__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999029730	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000211	
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. 338	135.00	
2.		
3.		
4.		
5.		
6.