PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  28 February 2002
	DOCKET NUMBER:  AR2001063260

	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	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. John T. Meixell		Member	
	Ms. Celia L. Adolphi		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 from the US Army Reserve (USAR) be voided and that he be transferred to the Retired Reserve.

3.  The applicant states, in effect, that his discharge from the USAR should be voided and he should be issued orders transferring him to the Retired Reserve.  
In support of his application, he submits copies of:  US Army Reserve Personnel Center (ARPERCEN) Orders D-12-265117, dated 3 December 1992; a letter from the Transition Branch; ARPC Form 249-2-E (Chronological Statement of Retirement Points), dated 8 February 2001; and his DD Form 214 (Report of Transfer or Discharge).

4.  The applicant’s military records show that he enlisted in the United States Naval Reserve (USNR) on 6 February 1964.  He was ordered to active duty (AD) on 20 March 1964, and was released from AD on 19 March 1966.  He continued to serve in the USNR until he was honorably discharged on 5 February 1977.  He enlisted in the USAR on 6 February 1977, and continued to serve in the USAR through a series of continuous reenlistments.

5.  He was honorably discharged from the USAR on 3 December 1992, in the rank of Sergeant First Class (SFC).

6.  The applicant provided a copy of his Chronological Statement of Retirement Points, dated 8 February 2001, which shows that he had completed 24 years of qualifying service for retirement purposes.

7.  Army Regulation 140-10, in effect at the time, set forth the basic authority for the assignment, attachment, detail, and transfer of USAR soldiers.  Chapter 7 of the regulation relates to the removal of soldiers from an active status and states, in pertinent part, that soldiers removed from an active status will be discharged or, if qualified and if they so request, will be transferred to the Retired Reserve.

8.  Army Regulation 135-178, in effect at the time, established the policies, standards, and procedures governing the administrative separation of enlisted soldiers from the Reserve Components.  Paragraph 1-3 states, in pertinent part,
that orders discharging a soldier would not be revoked or the effective date changed after the effective date of discharge unless there was evidence of 
manifest error or fraud.  After the effective date of discharge, orders could be amended by the separation authority only to correct manifest errors such as the wrong character of service or to correct administrative errors such as errors concerning rank, social security number, or misspelled name.

CONCLUSIONS:

1.  In the absence of evidence to the contrary, it must be presumed that the
applicant’s discharge was accomplished in accordance with law and regulations applicable at the time.

2.  However, it is apparent that the applicant was qualified for transfer to the Retired Reserve as indicated by the issuance of a 20-Year Letter.  It appears that, had the applicant been informed that he needed to request transfer to the Retired Reserve, he would have elected to do so.

3.  Inasmuch as the applicant meets eligibility requirements for assignment to the Retired Reserve, it would be equitable and just to correct his military records by revoking his discharge of 3 December 1992, and assigning him to the Retired Reserve effective the same date.

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:

a.  by revoking the 3 December 1992 discharge from the USAR; and

b.  by showing that he was transferred to the Retired Reserve effective
3 December 1992.

BOARD VOTE:  

__ro___  __jm____  __ca____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Raymond V. O’Connor, Jr._
		        CHAIRPERSON

INDEX

CASE ID	AR2001063260	
SUFFIX		
RECON		
DATE BOARDED	20020228	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19921203	
DISCHARGE AUTHORITY	AR .140-10	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  338		
2.		
3.		
4.		
5.		
6.