PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  2 October 2003
DOCKET NUMBER:  AR2002083065

	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	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Kathleen A. Newman		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Lester Echols		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 he be transferred to the Retired Reserve.

3.  The applicant states that he was discharged on 28 March 2001, with 28 years of qualifying service, instead of being transferred to the Retired Reserve.  In support of his application, he submits a copy of his separation orders, Chronological Statement of Retirement Points, Notification of Eligibility for Retired Pay at age 60 (20-Year Letter), dated 18 June 1993, and a copy of his Honorable Discharge Certificate.

4.  The applicant's military records show he was appointed as a second lieutenant in the Illinois Army National Guard (ILARNG) on 25 February 1977, as a Reserve of the Army, with prior military service.  He was promoted to lieutenant colonel (LTC/05) effective 27 September 1993.  

5.  On 18 June 1993, the Army Reserve Personnel Command (AR-PERSCOM) notified the applicant that he had completed the required years of service to be eligible for retired pay upon applicant’s age at 60 (20-Year Letter).

6.  He was honorably discharged from the USAR on 28 March 2001, in the rank of lieutenant colonel.

7.  The applicant provided a copy of his chronological statement of Retirement Points, dated 9 November 2001, which shows that he had completed 28 years of qualifying service for retirement purposes.  

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 an active status and states, in pertinent part, that soldiers removed from an active status will be discharged or, if qualified and if they so request, will be transferred to the Retired Reserve.

9.  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 states, 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 to correct administrative errors such as errors concerning rank, social security number, or misspelled name.

CONCLUSIONS:

1.  In the absence of evidence to the contrary, it must be presumed that the
applicant’s discharge was accomplished in accordance with law and regulations applicable at the time.

2.  It is apparent that the applicant was qualified for transfer to the Retired Reserve as indicated by the issuance of a 20-Year Letter and had completed 28 years of qualifying service for retirement purposes. 

3.  Inasmuch as the applicant meets eligibility requirements for assignment to the Retired Reserve, it would be equitable and just to correct his military records by revoking his discharge of 28 March 2001, and assigning him to the Retired Reserve effective the same date.

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:

a.  by revoking the 28 March 2001 discharge from the USAR; and

b.  by showing that he was transferred to the Retired Reserve effective
28 March 2001.

BOARD VOTE:  

__kn___  ___jm__  __le___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Kathleen A. Newman__
		        CHAIRPERSON

INDEX

CASE ID	AR2002083065	
SUFFIX		
RECON		
DATE BOARDED	20031002	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	20010328	
DISCHARGE AUTHORITY	AR  140-10	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	338	
2.		
3.		
4.		
5.		
6.