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, in effect, that he was not given the opportunity to be transferred to the Retired Reserve.

4.  The applicant's military records show that he enlisted in the USAR on 7 October 1958 after serving 3 years in the Regular Army and continued to serve through repeated reenlistments.

5.  On 24 October 1984 the Army Reserve Personnel Center (ARPERCEN) notified the applicant (20-year letter) that he had completed the required years of service to be eligible for retired pay upon application at age 60 (21 July 1997).

6.  On 13 December 1984 the Reserve Command at Fort Meade, Maryland published orders honorably discharging him from the USAR in the rank of sergeant first class, effective on 15 December 1984 due to the expiration of his term of service.

7.  The ARPERCEN, in a memorandum to this Board, opined that there was no indication in the applicant’s records that he was counseled concerning transferring to the Retired Reserve after receiving his 20-year letter.  The ARPERCEN recommended approval of the applicant’s request.

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 related to the removal of soldiers from active status and stated, in pertinent part, that soldiers removed from active status would be discharged or, if qualified and if they so requested, would 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 15 December 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 15 December 1984 discharge from the USAR of the individual concerned; and

	b.  by showing that he was transferred to the Retired Reserve effective 15 December 1984.

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




					                           
					        CHAIRPERSON