PROCEEDINGS

	IN THE CASE OF:   

	BOARD DATE:  31 May 2000
	DOCKET NUMBER:   AR1999030001

	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
Mr. David E. Weightman		Director
Senior Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Mr. John P. Infante		Member	
	Mr. Stanley Kelley		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 records to show he was transferred to the Retired Reserve on 12 December 1995 instead of discharge.

3.  The applicant states his 20-year letter was issued late and caused him to be discharged.

4.  The applicant’s military records show that he attained pay grade E-6 and he completed 20 years of qualifying Reserve service on 19 August 1995.  His expiration of term of service was 14 October 1995.

5.  On 10 October 1995 he requested transfer to the Individual Ready Reserve (IRR), an active Reserve status, to await issuance of his letter of Notification of Eligibility for Retired Pay at age 60 (20-year letter).

6.  He was found not entitled to transfer to the IRR at the time based on his desire to retire, and on 12 December 1995 he was honorably discharged effective on that date.

7.  There is no record of an election for transfer to the Retired Reserve from the applicant.

8.  The applicant was born on 27 November 1940 and will reach age 60 on 
27 November 2000.

9.  Pertinent regulations show qualified individuals being separated from an active status must request transfer to the Reserve Control Group (Retired Reserve) or be discharged.

10.  Transfer to the Retired Reserve does not entitle individuals to pay.  A significant entitlement now is issuance of a “Gray” status ID card with certain benefits.

CONCLUSIONS:

1.  Error or injustice is not readily apparent in this case.  However, under the circumstances, it does appear that if given the proper information and opportunity at the time, the applicant would have elected transfer to the Retired Reserve and not transfer to the IRR or discharge.

2.  The Board concludes that the applicant did not know of the requirement to request transfer to the Retired Reserve, and that had he known of the requirement, he would have done so at the time.  The applicant deserves relief in this instance based on a matter of equity.

3.  The Board also notes in this case the applicant should be transferred to the Retired Reserve effective upon reaching his ETS, 14 October 1995.

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:

a.  by voiding the discharge of the individual concerned effective 
12 December 1995, as null and void and without force or effect; and

b.  by showing he was transferred to the Reserve Control Group (Retired Reserve) effective 14 October 1995.

BOARD VOTE:  

__JV____  __JI___  __SK____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____James E. Vick______
		        CHAIRPERSON

INDEX

CASE ID	AR1999030001	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000531	
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.	136	
2.	134	
3.		
4.		
5.		
6.