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ARMY | BCMR | CY1990-1993 | 9208653B
Original file (9208653B.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 28 October 1998
         DOCKET NUMBER: AC92-08653B


         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. Loren G. Harrell Director
Ms. P. A. Castle Analyst


The following members, a quorum, were present:

Ms. JoAnn H. Langston Chairperson
Mr. Curtis W. Barbee Member
Mr. Raymond V. O’Connor, Jr. 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 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 :

__ JHL ___ __ _CWB _ ___ RVO GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                                                     
                                                      CHAIRPERSON

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