2. The applicant requests that his discharge from the USAR be voided and that he instead be transferred to the Retired Reserve.
3. He states, in effect, that he was notified that he has 20 years of qualifying service for USAR retired pay at age 60 and should have been placed in the Retired Reserve and not discharged. He further states that he received his 20-year letter on 5 June 1989 and submitted his Survivor Benefit Plan Election Certificate on 3 October 1989. However, instead of being placed in the Retired Reserve, he was discharged.
4. 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).
5. On 19 November 1990, the ARPERCEN sent a memorandum to the applicant at his former address in South Carolina, notifying him that he had completed the maximum allowable service and that he must be discharged or retired by 5 November 1990. The memorandum indicates that no reply was received by the ARPERCEN as of 11 February 1991.
6. On 19 February 1991 the applicant was honorably discharged from the USAR in the rank of lieutenant colonel. The discharge order was also mailed to the applicants former address in South Carolina.
7. Army Regulation 140-10, in effect at the time, set forth the basic authority for the assignment, attachment, detail and transfer of Army Reserve soldiers. Chapter 7 of the regulation relates to the removal of soldiers from active status and states, in pertinent part, that soldiers removed from active status will be discharged or, if qualified and if they so request, will be transferred to the Retired Reserve.
8. Due to recent Departmental changes, certain benefits, such as commissary and post exchange privileges, accrue to Reservists with more than 20 of qualifying service who are transferred to the Retired Reserve that do not accrue to those who are discharged.
CONCLUSIONS:
1. 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 request transfer to the Retired Reserve before discharge orders were published.
2. However, it is reasonable to presume that had the option letter been sent to the applicant's correct address, he would have elected to be transferred to the Retired Reserve.
3. The foregoing conclusion is supported by the fact that the ARPERCEN sent the applicants 20-year letter to his address in Pennsylvania, yet sent all subsequent notifications to his old address in South Carolina. Consequently, as a result of an apparent administrative error, the applicant was denied the opportunity to request transfer to the Retired Reserve which has resulted in an injustice to him.
4. 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 records as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected:
a. by voiding the 19 February 1991 discharge from the Army Reserve of the individual concerned; and
b. by showing that he was transferred to the Retired Reserve effective 19 February 1991.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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