PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  3 May 2000
	DOCKET NUMBER:   AR1999030103

	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. Victor Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Ernest W. Lutz		Member	
	Mr. John H. Kern		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, in effect, that his discharge be revoked and that he be transferred to the Retired Reserve.

3.  The applicant states that he had requested to be transferred from his unit in order to retire.

4.  The applicant’s military records show that he enlisted and entered active duty on 14 August 1975.  He was separated from active duty on 14 August 1979 and transferred to the USAR.  He joined a USAR unit on 15 May 1980 and continued to participate until his separation in grade E-7 on 16 March 1998.  On 30 October 1996 he was issued notification of his eligibility for retired pay at age 60.

5.  A DA Form 4651-R (request for assignment) was provided by the major command and shows that the applicant signed a request on 9 January 1998 for transfer to the Individual Ready Reserve for the purpose of retirement.  The expiration of his term of service (ETS) is shown as 8 January 1998.  A unit checklist states that the reason for voluntary transfer by the soldier was for retirement.

6.  A unit order number 075-64 shows that the applicant was discharged effective 16 March 1998 by reason of expiration of term of service.

7.  Army Regulation 135-178 provides for the separation of enlisted soldiers.  Chapter 11 states that the separation authority, on ETS, will discharge the soldier.  It also states that a soldier will not be kept past his ETS without his consent or under other operation of law.  A soldier not discharged on the actual ETS is considered to have been retained beyond normal discharge for the convenience of the Government.

8.  Army Regulation 140-10 prescribes the policy and procedures for transfer to the Retired Reserve.  It provides for transfer to the Retired Reserve for soldiers who have completed a minimum of 20 qualifying years for retired pay at age 60.  It also provides that the individual must request transfer to the retired reserve in writing or be discharged upon ETS or upon reaching mandatory removal.

CONCLUSIONS:

1.  Based on the evidence of record the applicant is entitled to transfer to the Retired Reserve on the date of his prior discharge by reason of ETS.

2.  An error occurred when he was discharged and not transferred to the Retired Reserve as he had indicated.

3.  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 for the individual concerned be corrected by:

	a.  revoking the discharge order number 075-64, dated 16 March 1998; and

	b.  showing that he was transferred to the Retired Reserve effective 16 March 1998, the day of his original discharge, and retained beyond normal ETS for the convenience of the Government.

BOARD VOTE:  

__RO__  __EL___  __JK___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___ Raymond V. O’Connor, Jr.____
		        CHAIRPERSON

INDEX

CASE ID	AR1999031547	
SUFFIX		
RECON		
DATE BOARDED	20000503	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	136.03	
2.		
3.		
4.		
5.		
6.