PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           13 March 2003
	DOCKET NUMBER:   AR2002075408

	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. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas A. Pagan		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. John A. Kelly		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 his discharge be voided and he be transferred to the Retired Reserve.

3.  The applicant states that he had originally been placed in the Retired Reserve in 1998, that he had accepted orders in 1999, but due to economic and medical reasons requested that he again be placed in a retired status in January 2000.  The applicant submits copies of a Chronological Statement of Retirement Points, dated 30 September 1999; a letter showing Retirement Eligibility for Retired Pay at age 60, dated 12 February 1990; orders transferring him to the Retired Reserve, dated 1 June 1998; orders transferring him from the USAR Control Group (REINF) to the 114th Medical Company, dated 7 December 1999; and orders, dated 1 February 2000, discharging him from the Army Reserve effective 28 January 2000. 

4.  The applicant’s military records show that he enlisted in the Army Reserve on 4 November 1968.  He completed his original 6-year obligation and, after a 
9-month break, reenlisted in the Army Reserve where he served until 29 August 1987.  

5.  Although the applicant’s officer records are not available, the evidence of record shows that he was commissioned in the Army Reserve on 30 August 1987 and served continuously until 1 June 1998.  

6.  The applicant’s Chronological Statement of Retirement Points shows that he was on the Retired List from 3 June 1998 until 29 August 1998.  It shows he was in a drilling status from 30 August 1998 through 29 August 1999, although he did not earn any drill participation credit. 

7.  The case was forwarded to the U.S. Army Reserve Personnel Center, Transition and Separation Branch for an advisory opinion.  That agency reviewed the case and noted that the discharge orders were published because the applicant did not respond to a notification letter electing to transfer to the Retired Reserve in accordance with Army Regulation 140-10.  The advisory opinion states that although the discharge orders were valid and in accordance with regulation, it found that the applicant had requested transfer to a troop program unit (TPU) in January 2000.  They state that he would have been able to maintain an active status if he had not been discharged.  They opined that because of this the applicant’s discharge should be voided and that he be allowed to transfer to the Retired Reserve.

8.  A copy of the advisory opinion was forwarded to the applicant and he concurred with the finding.

9.  Army Regulation 140-10, paragraph 6-1(a) states that soldiers eligible for transfer to the Retired Reserve must request transfer otherwise they will be discharged.

CONCLUSIONS:

1.  The Board concludes that there is sufficient evidence to show that the applicant was attempting to either join a TPU or to be returned to the Retired Reserve at the time he was discharged.

2.  Therefore, the Board concludes that in the interest of justice it would be appropriate to void the orders discharging the applicant effective 28 January 2000 and to issue orders transferring him to the Retired Reserve effective the same date.

3.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will correct an error or injustice.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by:
	
	a.  voiding the orders directing that the applicant be discharged effective 28 January 2000; and 

	b.  by showing that the applicant elected to and was transferred to the Retired Reserve, effective 28 January 2000.

BOARD VOTE:  

__TAP __  ___RWA_  ___JAK_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__  Thomas A. Pagan__
		        CHAIRPERSON

INDEX

CASE ID	AR2002075408	
SUFFIX		
RECON		
DATE BOARDED	20030313	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	110.02	
2.	136.03	
3.		
4.		
5.		
6.