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 when he was discharged from the Pennsylvania Army National Guard (PAARNG) and as a Reserve of the Army he should have instead been transferred to the Retired Reserve because at the time, he was informed by his unit technician that he was being transferred to the Retired Reserve.

4.  The applicant's military record shows that on 21 January 1985 the National Guard Bureau issued him a letter indicating that he had completed the required years of service to be eligible for USAR retired pay, upon application, at age 60 (30 May 2003).  He completed his Survivor Benefit Plan Election Certificate (DD Form 1883) on 13 February 1985.

5.  On 20 March 1985 he was notified that he was non-selected for continued unit participation and would either be discharged or transferred to the appropriate Reserve Control Group based upon his selection.  There is no indication in the available records to show that the applicant made an election.

6.  On 14 May 1985 he was honorably discharged from the PAARNG and the USAR concurrently upon the expiration of his term of service in pay grade E-7.

7.  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.

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.  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 PAARNG and 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 not believed that he was being transferred to the Retired Reserve prior to his being discharged from the USAR, he would have taken the steps necessary 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 as he had been informed, and that he had to take additional action to ensure it was accomplished 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 14 May 1985 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 14 May 1985 discharge from the USAR of the individual concerned; and

	b.  by showing that he was transferred to the Retired Reserve effective 14 May 1985.

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON