PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  30 September 2003
	DOCKET NUMBER:  AR2002082980

	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 J. Wagner		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Melvin H. Meyer		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 his nonparticipation letter, dated 27 August 2001, informed him of his option to be assigned to the Retired Reserve or be discharged.  However, this letter was mailed to his former residence in Elizabethtown, Kentucky and was never forwarded to his new address in Germany.  He is now a Department of the Army civilian and was transferred to Germany on 5 June 2000.  Since March 2002, he has attempted to speak with personnel to determine his status in the Army Reserve.  The Army Reserve Personnel Command (AR-PERSCOM) Website indicated that he was active in the Army Reserve.  In October 2002, he contacted another individual who informed him that he was discharged from the USAR.  In support of his application, he submits copies of his:  ARPC FL Form 3948 (Nonparticipation in the USAR), dated 27 August 2001; separation orders; email from the Chief,     81st Regional Support Team (RST); and a copy of his DD Form 1614 (Request/Authorization for DOD Civilian Permanent Duty or Temporary Change of Station Travel).  

4.  The applicant’s military records show he was appointed as a Reserve commissioned officer in the rank of second lieutenant on 28 May 1972, at the age of 21.  His date of birth is 31 October 1950.  The automated personnel data system shows his mandatory removal dated (MRD) as 27 May 2002.  He was promoted to colonel on 11 September 1997.

5.  On 11 December 1992, the Army Reserve Personnel Center (ARPERCEN) notified the applicant that he had completed the required years of service to be eligible for retired pay upon applicant’s age at 60 (20-Year Letter).

6.  The applicant provided a copy of his travel orders, issued on 2 May 2000, with a reporting date of 6 June 2000, to his new civilian job located in Germany.

7.  The applicant was provided an ARPC FL Form 3948, dated 27 August 2001, with a suspense date of 1 October 2001.  This form showed his local address in the US instead of his current overseas address.

8.  On 29 October 2001, orders were published discharging the applicant from the USAR Control Group (Reinforcement), with an effective date of 29 October 2001, for nonparticipation, in the rank of colonel.

9.  The applicant provided a copy of an email from the Chief, 81st RST, dated 22 October 2002.  He was informed that no orders were issued transferring him to the Retired Reserve due to failure to reply to the nonparticipation letter, dated 27 August 2001.  

10.  The applicant's Summary of Retirement Points shows that he has completed 30 years of total service and 26 years of qualifying service for retirement purposes.

11.  Army Regulation 140-10 sets 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. 

12.  Army Regulation 135-133 (Ready Reserve Screening, Qualification Records Systems, and Change of Address Reports), paragraph 4-3, states that each soldier must furnish a permanent home address (home of record).  When away from that permanent address for more than a month, the soldier will provide a temporary address.  USAR personnel on appointment, enlistment, reenlistment after break in service, or on transfer to the USAR may report their address change by use of any official form.  A letter to the unit commander or the Commander, AR-PERSCOM, as appropriate, will satisfy this requirement. 

CONCLUSIONS:

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

2.  It is apparent that the applicant was qualified for transfer to the Retired Reserve as indicated by the issuance of a 20-Year Letter and had completed 26 years of qualifying service for retirement purposes. 

3.  The Board notes that the applicant was given the opportunity to request transfer to the Retired Reserve by receipt of his ARPC FL 3948 (Nonparticipation in the US Army Reserve) letter, dated 27 August 2001, with a suspense date of 1 October 2001.  However, this letter was mailed to his old address and a response was not received by AR-PERSCOM by the designated suspense date.  Therefore, the applicant was discharged.

4.  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 29 October 2001, and assigning him to the Retired Reserve effective the same date.

5.  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 29 October 2001 discharge from the USAR; and

b.  by showing that he was transferred to the Retired Reserve effective
29 October 2001.

BOARD VOTE:  

__rw___  ___mt__  __mm___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond J. Wagner___
		        CHAIRPERSON

INDEX

CASE ID	AR2002082980	
SUFFIX		
RECON		
DATE BOARDED	20030930	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	20011029	
DISCHARGE AUTHORITY	AR 140-10	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	1023	
2.		
3.		
4.		
5.		
6.