2.  The applicant requests that his discharge from the USAR be voided and that he instead be transferred to the Retired Reserve.

3.  He states that at the time he received his 20-year letter he was assigned to a USAR school in Ohio and that he informed his commander and sergeant major that he desired to be transferred to the Retired Reserve.  He goes on to state that they assured him that they would take care of it (the paperwork).  However, in 1989 he stopped receiving correspondence from the Army Reserve Personnel Center (ARPERCEN).  In 1991 he submitted a change of address to the ARPERCEN and was informed that he had been discharged instead of being transferred to the Retire Reserve. 

4.  The applicant's military records show that he enlisted in the USAR on 21 December 1962 after serving approximately 4 years in the Navy and continued to serve through repeated reenlistments.

5.  On 20 April 1982 the applicant's unit initiated a request to issue him a letter of notification indicating that he had 20 qualifying years of service for USAR retired pay at age 60.  He was subsequently transferred to the USAR Control Group (Reinforcement) on 16 January 1984.

6.  On 9 July 1984 the ARPERCEN notified the applicant that he had completed the required years of service to be eligible for retired pay upon application at age 60 (9 May 2000).

7.  On 28 September 1984 the ARPERCEN published orders honorably discharging him from the USAR in the rank of master sergeant, effective on 1 October 1984 due to the expiration of his term of service.

8.  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 active status and states, in pertinent part, that soldiers removed from active status will be discharged or, if qualified and if they so request, will be transferred to the Retired Reserve.  

9.  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 stated, 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 correct administrative errors such as errors concerning rank, social security number, or misspelled name.

10.  Due to recent Departmental changes, certain benefits, such as commissary and post exchange privileges, accrue to Reservists with more than 20 years of qualifying service who are transferred to the Retired Reserve that do not accrue to those who are discharged.  

CONCLUSIONS:

1.  The applicant's honorable discharge from the USAR upon the expiration of his term of service was accomplished in accordance with law and regulations applicable at the time.

2.  However, it is reasonable to presume that had the applicant been given the proper guidance regarding transfer to the Retired Reserve prior to his being discharged from the USAR, he would have elected to be transferred to the Retired Reserve because he had received the notification indicating his eligibility for receipt of Reserve retired pay at age 60.  

3.  It appears that had he known he had not been assigned to the Retired Reserve and that he had to request such assignment prior to his discharge, he would have done so.

4.  In view of the foregoing and since the applicant meets the eligibility requirements for assignment to the Retired Reserve, it would be equitable and just to correct his military records by voiding his discharge of 1 October 1984 and assigning him to the Retired Reserve effective the same day.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

	a.  by voiding the 1 October 1984 discharge from the USAR of the individual concerned; and

	b.  by showing that he was transferred to the Retired Reserve effective 1 October 1984.

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




					                           
					        CHAIRPERSON