PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  18 April 2002
	DOCKET NUMBER:  AR2001064738

	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. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Ronald E. Blakely		Member	
	Ms. Barbara J. Ellis		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 he be placed in the Retired Reserve.

3.  The applicant states, in effect, that in August 1995, he had submitted a request to his Reserve Troop Program Unit (TPU) to be transferred to the Retired Reserve, effective January 1996.  He understood that the request was approved. He recently found out that instead of being transferred to the Retired Reserve, he was transferred to the Individual Ready Reserve (IRR) and discharged from the IRR in 1997.

4.  The applicant’s military records show that in 1995, he was an Army Reserve major (MAJ) serving as the executive officer in the 1375th Logistics Support Battalion, a TPU in Waco, Texas.  He had completed 25 years qualifying for retired pay at age 60.  He had received his 20-year letter dated 5 November 1991.  His retirement year ending (RYE) date is 16 December.

5.  Headquarters, 75th Division, Houston, Texas, issued orders 261-04, dated 
18 September 1995, transferring him to the U. S. Army Reserve (USAR) Control Group (Reinforcement), effective 22 October 1995.  His retirement point history shows no participation in Reserve training beyond this date.

6.  The U. S. Army Reserve Personnel Command (AR-PERSCOM) published orders D-05-738278, dated 18 May 1997, honorably discharging the applicant from the USAR on 19 May 1997.

7.  Army Regulation 140-10 (Army Reserve Assignments, Attachments, Details, and Transfers), paragraph 6-1, authorizes assignment to the Retired Reserve of soldiers who have completed a total of 20 years of active or inactive service in the Armed Forces.

CONCLUSIONS:

1.  The applicant was eligible for and believed he had requested assignment to the Retired Reserve.  He should be placed in the Retired Reserve in the interest of fairness since he has completed 25 qualifying years for retirement at age 60.  The effective date for his voluntary transfer to the Retired Reserve should be 
17 December 1995, the day after his RYE date of 16 December, so that he will get credit for a full retirement year.

2.  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 for the individual concerned by:

	a.  revoking his orders discharging him from the USAR; and

	b.  showing that he was voluntarily transferred to the Retired Reserve, effective 17 December 1995.

BOARD VOTE:  

__fe___  __rb___  __be___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Fred N. Eichorn        
		        CHAIRPERSON

INDEX

CASE ID	AR2001064738	
SUFFIX		
RECON		
DATE BOARDED	20020418	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.