PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  18 April 2002
	DOCKET NUMBER:  AR2001065648

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Ronald E. Blakely		Member	
	Ms. Barbara J. Ellis		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that her discharge be revoked and she be transferred to the Retired Reserve.

3.  The applicant states that her DD Form 214 (Certificate of Release or Discharge from Active Duty) should be corrected to show that she was transferred to the Retired Reserve.

4.  The applicant’s military records show that at the time of her separation she was serving in the Active Guard/Reserve (AGR) program in the pay grade of E-7. Documentation concerning her separation is not in the available record.  Information obtained from the Soldier Management System (SMS) at the Army Reserve Personnel Command (AR-PERSCOM) shows that she was informed in April 2000 that she should forward her request to separate on the expiration of her term of service (ETS) as soon as possible.

5.  A SMS entry for 26 May 2000 states that the applicant’s request for separation on her ETS was received by AR-PERSCOM.  The request also confirmed that the applicant did not desire to continue in the AGR program.
AR-PERSCOM orders D-06-800141, dated 6 June 2000, discharged the applicant effective 29 September 2000.

6.  Effective 29 September 2000, the applicant was separated on her ETS under the provisions of Army Regulation 635-200, chapter 4, on completion of required active service.

7.  A 1 December 2000 SMS entry shows that she was provided a copy of her Letter of Notification for Retired Pay at Age 60 (20-Year Letter), dated 6 January 2000.  An additional SMS entry on 26 December 2000, shows that the applicant called AR-PERSCOM to inquire about transfer to the Retired Reserve instead of discharge.  She was provided information to apply to this Board.

8.  A 5 October 2001 Chronological Statement of Retirement Points shows that the applicant had been credited with over 20 years of qualifying service for retired pay.

9.  Army Regulation 635-200 provides for the separation of enlisted soldiers.  Chapter 4 provides for separation on the date the soldier completes the period for which enlisted.

10.  Army Regulation 140-30 provides the policy for the AGR program.  It provides that an AGR soldier will be reassigned to the Ready Reserve on release from the AGR program unless the soldier requests discharge or transfer to the Retired Reserve.

11.  Army Regulation 140-10 prescribes the policy and procedures for transfer to the Retired Reserve.  It provides for transfer to the Retired Reserve for soldiers who have completed a minimum of 20 qualifying years for retired pay at age 60.  It also provides that the individual must request transfer to the Retired Reserve in writing or be discharged upon ETS or upon reaching mandatory removal.

CONCLUSIONS:

1.  Notwithstanding that the applicant was separated on her ETS in accordance with regulations, the applicant was eligible for transfer to the Retired Reserve on her separation date where she would remain a mobilization asset in the case of a National emergency.

2.  It would now be in the interest of fairness and equity to revoke her discharge order and show that she was transferred to the Army Reserve Control Group (Reinforcement) on that same date.

3.  It would also be appropriate to correct her DD Form 214, in block 9 (Command to which Transferred), to show that she was transferred to the Army Reserve Control Group (Reinforcement).

4.  New AR-PERSCOM orders should be issued to show that the applicant was voluntarily transferred to the Retired Reserve effective 30 September 2000.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case for the individual concerned be corrected by:

	a.  revoking AR-PERSCOM orders D-06-800141, dated 6 June 2000, that discharged the applicant effective 29 September 2000;

	b.  issuing orders to show that she was transferred to the Army Reserve Control Group (Reinforcement) effective 29 September 2000;

	c.  correcting her DD Form 214, in block 9 (Command to which Transferred), to show that she was transferred to the Army Reserve Control Group (Reinforcement); and

	d.  transferring the applicant to the Retired Reserve effective 30 September 2000.

BOARD VOTE:  

__fe___  __rb___  __be___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Fred N. Eichorn___
		        CHAIRPERSON

INDEX

CASE ID	AR2001065648	
SUFFIX		
RECON		
DATE BOARDED	20020418	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.	136.03	
3.		
4.		
5.		
6.