Search Decisions

Decision Text

ARMY | BCMR | CY1990-1993 | 9208653
Original file (9208653.rtf) Auto-classification: Approved
2. The applicant requests reconsideration of his request to correct his records by voiding his discharge from the USAR and transferring him to the Retired Reserve.
3. Incorporated herein by reference are military records which were summarized in a memorandum of consideration (MOC) prepared to reflect the Board’s original consideration of his case on 3 November 1993 (COPY ATTACHED).

4. The applicant contends that he did not receive any counseling on his rights or options at the time of his discharge and that the discharge was forced on him due to his weight problem. He states that when he received his discharge from the USAR he thought since he had 20 years of qualifying service that he would automatically be transferred to the Retired Reserves.

5. On 25 August 1984 the Army Reserve Command published orders honorably discharging the applicant effective 15 August 1984 for completion of terms of enlistment or statutory obligation.

6. Military records show that on 14 November 1984 the applicant received a letter of notification of eligibility for retired pay at age 60 from the US Army Reserve Components Personnel and Administration Center.

7. Due to recent regulatory 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 should be transferred to the retired reserve due to his 20 years of continuous and faithful service and he should collect the benefits of his service.

2. The applicant’s records should be changed to void his discharge of 15 August 1984 from the USAR, and instead, show that he was transferred to the retired reserve on that date.

3. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below.





RECOMMENDATION :

1. That all of the Department of the Army records related to this case be corrected by:

a. voiding the order discharging the applicant from the USAR on 15 August 1984

b. transferring him to the retired reserve effect 15 August 1984.

2. That so much of the application as is in excess of the foregoing be denied.


BOARD VOTE :

________ ________ ________ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                                                     
                                                      CHAIRPERSON

Similar Decisions

  • ARMY | BCMR | CY1990-1993 | 9208653B

    Original file (9208653B.rtf) Auto-classification: Approved

    Member The applicant and counsel if any, did not appear before the Board. He states that when he received his discharge from the USAR he thought since he had 20 years of qualifying service that he would automatically be transferred to the Retired Reserves. The applicant’s records should be changed to void his discharge of 15 August 1984 from the USAR, and instead, show that he was transferred to the retired reserve on that date.

  • ARMY | BCMR | CY1996 | 9607980C070209

    Original file (9607980C070209.txt) Auto-classification: Approved

    The applicant requests that his discharge from the USAR be voided and that he instead be transferred to the Retired Reserve. 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 15 December 1984 and assigning him to the Retired Reserve effective the same day. RECOMMENDATION: That all of the Department of the Army records related to...

  • ARMY | BCMR | CY1996 | 9607938C070209

    Original file (9607938C070209.txt) Auto-classification: Approved

    The applicant requests that his discharge from the USAR be voided and that he instead be transferred to the Retired Reserve. However, it is reasonable to presume that had the applicant been given the proper guidance regarding transfer to the Retired Reserve prior to his being discharged from the USAR, he would have elected to be transferred to the Retired Reserve because he had received the notification indicating his eligibility for receipt of Reserve retired pay at age 60. In view of the...

  • ARMY | BCMR | CY1995 | 9509606C070209

    Original file (9509606C070209.TXT) Auto-classification: Approved

    The applicant requests that his discharge from the USAR be voided and that he instead be transferred to the Retired Reserve. Army Regulation 140-10, in effect at the time, set forth the basic authority for the assignment, attachment, detail and transfer of USAR soldiers. 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 13...

  • ARMY | BCMR | CY1995 | 9508987C070209

    Original file (9508987C070209.TXT) Auto-classification: Approved

    However, instead of being placed in the Retired Reserve, he was discharged. The applicant's military records show that he was notified at his address in Pennsylvania by the Army Reserve Personnel Center (ARPERCEN) on 22 May 1989 that he had attained eligibility for USAR retired pay, upon application, at age 60 (20 year letter). The applicant's honorable discharge from the USAR was accomplished in accordance with law and regulations applicable at the time, since the applicant did not...

  • ARMY | BCMR | CY1996 | 9608861C070209

    Original file (9608861C070209.txt) Auto-classification: Denied

    The applicant requests that his discharge from the USAR be voided and that he instead be transferred to the Retired Reserve. He states, in effect, that he was not given the opportunity to be transferred to the Retired Reserve and that when he requested transfer to the Retired Reserve in October 1994, because of the frustration he was experiencing in not receiving answers to his letters to the Army Reserve Personnel Center (ARPERCEN), he was informed by a letter from the ARPERCEN dated 22...

  • ARMY | BCMR | CY1995 | 9508649C070209

    Original file (9508649C070209.TXT) Auto-classification: Denied

    APPLICANT REQUESTS: In effect, that his USAR discharge be voided and that he instead be transferred to the Retired Reserve. Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so. The time for the applicant to file a request for correction of any error or injustice expired on 7 January 1987.

  • ARMY | BCMR | CY1996 | 9609922C070209

    Original file (9609922C070209.txt) Auto-classification: Approved

    The applicant requests that his discharge from the USAR be voided and that he instead be transferred to the Retired Reserve. He states, in effect, that he was not given the opportunity to be transferred to the Retired Reserve. However, it appears that the applicant was either not informed that he was eligible for transfer to the Retired Reserve or that he had to submit a request to be transferred to the Retired Reserve.

  • ARMY | BCMR | CY1995 | 9511056C070209

    Original file (9511056C070209.TXT) Auto-classification: Approved

    He further states that he returned the option statement electing transfer to the Retired Reserve and shortly thereafter received orders discharging him from the USAR. However, because the applicant failed to respond by the established suspense date, discharge orders were published on 16 June 1995 discharging him effective 25 August 1995. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected: a. by voiding the 25 August 1995 discharge from the Army...

  • ARMY | BCMR | CY1996 | 9610121C070209

    Original file (9610121C070209.txt) Auto-classification: Approved

    The applicant requests that his discharge from the USAR be voided and that he instead be transferred to the Retired Reserve. He states that when he was discharged from the Pennsylvania Army National Guard (PAARNG) and as a Reserve of the Army he should have instead been transferred to the Retired Reserve because at the time, he was informed by his unit technician that he was being transferred to the Retired Reserve. RECOMMENDATION: That all of the Department of the Army records related to...