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 until he submitted a request to be transferred to the Retired Reserve in 1994 he was under the impression that he was assigned to the USAR Control Group (Individual Ready Reserve) because he continued to receive statements of his retirement points.  In 1995 he was informed that he had been discharged from the USAR and was not eligible for transfer to the Retired Reserve.

4.  The applicant's military record shows that on 12 May 1987 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 (11 February 2006). 

5.  On 2 March 1990 orders were published by the Arizona Army National Guard (AZANG) discharging the applicant from the Army National Guard and assigning him to the USAR Control Group (Retired) in pay grade E-9.  Those orders were amended on 8 June 1990 assigning the applicant to the USAR Control Group (Reinforcement). 

6.  The Army Reserve Personnel Center (ARPERCEN), on 22 April 1991, sent the applicant a letter acknowledging his transfer from the National Guard and welcoming him to the USAR Control Group (Individual Ready Reserve).  However, on 24 April 1991 (2 days later) the ARPERCEN discharged him from the USAR.  Although the ARPERCEN discharged the applicant from the USAR it continued to send the applicant retirement points statements indicating that he had been awarded membership points from 1991 through 1994. 

7.  On 16 February 1995, in response to a request from the applicant requesting transfer to the Retired Reserve, the ARPERCEN informed the applicant that he was not eligible for transfer to the Retired Reserve because he had been discharged.

8.  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.

9.  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.  

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 was accomplished in accordance with law and regulations applicable at the time.

2.  However, it is reasonable to presume, based on the circumstances in this case, that the applicant believed, based on his receiving retirement points every year, that he was still assigned to a control group.  Consequently, he submitted a request as required, asking to be transferred to the Retired Reserve, only to discover that he had already been discharged.  Therefore, in view of the evidence of record, it is apparent that the applicant was never afforded the opportunity to request transfer to the Retired Reserve prior to his discharge.

3.  It appears that had he known he was going to be discharged if he did not request transfer to the Retired Reserve, he would have taken the action necessary to ensure it was accomplished.

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 24 April 1991 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 24 April 1991 discharge from the USAR of the individual concerned; and

	b.  by showing that he was transferred to the Retired Reserve effective 24 April 1991.

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON