PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            10 December 2002
	DOCKET NUMBER:   AR2002076595

	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. Pearson, Stephen L.		Analyst	

The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. Conrad V. Meyer		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 that he be granted 2 creditable years of Reserve service (50 points for each year) for the years 2000 and 2001. 

3.  The applicant states that he was mistakenly discharged from the United States Army Reserve (USAR) on 7 December 1999, despite the fact that he had been granted an extension in order to complete his military education requirements.  He completed those requirements on 5 November 1999 and because there was a breakdown in communication between the promotions and discharge branches, he was automatically discharged.  It was not until 9 October 2001 that his discharge was revoked and he was promoted to the rank of major on 6 December 2001, with a date of rank (DOR) of 16 July 1998.  He further states that his discharge was involuntary and through no fault of his own.  However, because he joined the USAR just before his 40th birthday, it is imperative that he get creditable years of service every year before reaching age 60.  However, because he had been unjustly discharged, he will not be able to do so.

4.  The applicant’s military records show that he was born on 15 November 1947 and that he was commissioned as a USAR chaplain in the rank of first lieutenant on 21 October 1987.  He was promoted to the rank of captain on 20 October 1991.

5.  On 28 June 1999, the applicant was notified that he was twice non-selected for promotion to major and must be discharged no later than 1 January 2000.  The applicant requested and was granted an extension to complete the chaplain officer advance course (CHOAC).  He completed the CHOAC on 5 November 1999 and on 7 December 1999, he was discharged from the USAR.  The evidence of record indicates that he did not provide a copy of his CHOAC completion for inclusion in his records until 25 January 2000.

6.  For reasons that are not explained in the available records, his discharge orders were revoked on 9 October 2001 and he was promoted to the rank of major on 6 December 2001, with a DOR of 16 July 1998.  The available evidence also shows that a memorandum of promotion consideration was issued by the same office on 14 March 2001, 6 months before his discharge was revoked, which indicates that he was promoted to the rank of major with a DOR of 16 July 1998.

7.  Army Regulation 135-180 establishes service that is creditable as qualifying service for retirement purposes.  It provides, in pertinent part, that a reservist must earn a minimum of 50 retirement points each retirement year to have that year credited as qualifying service.

CONCLUSIONS:

1.  Although the applicant bears some of the responsibility in this matter, because he waited too long to complete the CHOAC and did not forward his completion until after he was discharged, he made a good faith attempt to complete the course and was granted an extension to do so.

2.  However, because he did not forward proof of completion of the course in a timely manner, he was discharged from the USAR.

3.  Although, the record contains very little information on the issue, it shows that his discharge was revoked on 9 October 2001 and he was promoted as a result of consideration by a special review board, to the rank of major on 6 December 2001, with a DOR of 16 July 1998.  Additionally two separate orders for promotion were published and the time between actions indicates that much time elapsed between each action.

4.  The Board notes that the sequence of events that occurred in this case are at best very confusing.  It appears, as the applicant suggests, that two separate offices were taking action in his case that had opposite effects and had a detrimental impact on his ability to participate in the USAR.  The Board finds that the applicant was unjustly denied the opportunity to participate in the USAR while waiting for the administrative process to finally reach completion.

5.  Inasmuch as his discharge was subsequently revoked because it had been erroneously issued, as a matter of equity and fairness to the individual concerned, the Board finds that it would be in the interest of justice to award the applicant up to 50 points per year (if needed) for the Retirement Year Ending (RYE) in 2000 and 2001 and that he be given a creditable year of service for each of those years.

6.  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 be corrected by awarding the individual concerned up to 50 points per year for the RYE of 2000 and 2001 and by crediting him with creditable years for retirement purposes for those years.
BOARD VOTE:  

__cla____  __tsk ___  __cvm __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Celia L. Adolphi_______
		        CHAIRPERSON

INDEX

CASE ID	AR2002076595	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/12/10	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  334	135.0200/RET PTS	
2.		
3.		
4.		
5.		
6.