2.  In effect, the applicant requests that he be transferred to the Retired Reserve.    

3.  The applicant states that he requested the Reserve unit administrator prepare a request that he (the applicant) be transferred to the Retired Reserve, but the administrator neglected to do so.  Instead, he was discharged from the Reserve on 11 May 1993.

4.  On 26 April 1993 the applicant’s commanding officer requested, by means of a DA Form 4651-R (Request for Reserve Component Assignment or Attachment), that the applicant be discharged from the Reserve under the provisions of Army Regulation 135-178, chapter 11, because of expiration of the applicant’s ready reserve obligation.  The applicant did not sign the request, but instead the words, “soldier unavailable for signature”, were typed in the signature block on the DA Form 4651-R.

5.  Orders 151-045 of 11 May 1993 published by the Army Reserve Command in Atlanta discharged the applicant from the Army Reserve.  

6.  On 14 December 1993 the applicant received notification of his eligibility for retired pay at age 60 (twenty year letter).

7.  On 29 April 1994 an official of the Army Reserve Command informed the applicant that that command received a request for the applicant’s discharge from the applicant’s Reserve unit on 10 May 1993, and that after receiving verification from the Army Reserve Personnel Center at St. Louis that the applicant had 20 qualifying years for retirement purposes, an official at the Army Reserve Command contacted the applicant for a decision as to whether he desired to transfer to the Retired Reserve or be discharged because of the expiration of his term of service.  That official went on to say that he (the applicant) had verbally elected 
transfer to the Retired Reserve, and consequently, the applicant and unit personnel were requested to prepare a new DA Form 4651-R requesting this transfer; however, since it was never received, the Army Reserve Command had no choice but to discharge the applicant from the Reserve.

8.  Informal information gained from an official at the Army Reserve Command revealed that Reserve units were normally required to prepare requests for soldiers to be transferred to the Retired Reserve 90 days prior to the requested transfer date, and when this was not possible and in the interests of expediency, soldiers were sometimes discharged. He stated that the applicant’s discharge circumstances were not unusual.

CONCLUSIONS:

1.  The applicant’s insistence that he had requested to be transferred to the Retired Reserve is credible.  This conclusion is buttressed by his request for an explanation from the Army Reserve Command regarding his discharge, as evidenced by the response to the applicant by that command in April 1994, and by an official of that command stating in this response that the applicant had verbally elected transfer to the Retired Reserve.

2.  The orders discharging the applicant from the Army Reserve should be revoked. 

3.  The applicant should be transferred to the Retired Reserve effective 11 May 1993.

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below. 


RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by revoking the orders discharging the applicant from the Army Reserve on 11 May 1993, and by transferring him to the Retired Reserve on that date.                  
BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON