PROCEEDINGS

	IN THE CASE OF:   

	BOARD DATE:  29 June 2000
	DOCKET NUMBER:  AR1999034818

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. John M. Slone		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 that his discharge be revoked and that he be transferred to the Retired Reserve.

3.  The applicant states that he completed 25 years of military service and should have been transferred to the Retired Reserve.  He did not sign any request for discharge.  He submits a copy of a memorandum from his unit requesting his discharge be revoked and that he be transferred to the Retired Reserve.  The discharge was erroneous and the applicant was not at fault.

4.  The applicant’s military records show that he enlisted in the Army Reserve in pay grade E-6 on 29 October 1984, with almost 15 years prior service in the National Guard.  He was promoted to pay grade E-8 effective 3 February 1988.  He reenlisted for 3 years on 31 March 1996, establishing his date of expiration of term of service (ETS) as 30 March 1999.

5.  He was issued a notification of eligibility for retired pay at age 60 (20-year letter) on 5 March 1997.  On 12 May 1999, order number A-132-7 was issued that discharged the applicant effective 28 March 1999, under the authority of Army Regulation 140-10, paragraph 10e.

6.  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 date is considered to have been retained beyond normal discharge for the convenience of the Government.  The regulation also provides that the effective date of discharge will not be prior to the notice of discharge.

7. 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.

8.  There is no documentation in the available record to show that the applicant requested transfer to the Retired Reserve prior to his ETS and subsequent discharge.  The unit memorandum states that he was discharged in error but does not provide a copy of the applicant’s request for transfer to the Retired Reserve.

CONCLUSIONS:

1.  Considering all the facts in this case it appears that the applicant failed to take appropriate action to remain in an active status or request transfer to the Retired Reserve in conjunction with his ETS.  Why he failed to take appropriate action is not clear or explained by the applicant or his unit.

2.  The applicant was discharged in accordance with law and regulations and there is no evidence of error or injustice in the discharge process.  However, an error did occur when the applicant was discharged on 12 May 1999 effective 28 March 1999.

3.  Notwithstanding the preceding facts in this case, it would be in the interest of justice, and as an exception to policy, to revoke the discharge order and transfer the applicant to the Retired Reserve effective 12 May 1999.

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 for the individual concerned be corrected by:

	a.  revoking the discharge order number A-132-7, dated 12 May 1999; and

	b.  showing that he was transferred to the Retired Reserve effective 12 May 1999, the day of his original discharge, and retained beyond normal ETS for the convenience of the Government.

BOARD VOTE:  

__jl____  ___mm__  __js___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Joann Langston_____
		        CHAIRPERSON

INDEX

CASE ID	AR1999034818	
SUFFIX		
RECON		
DATE BOARDED	20000629	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	136.03	
2.		
3.		
4.		
5.		
6.