2. The applicant requests, in effect, 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 not given the opportunity to be transferred to the Retired Reserve and did not understand, after receiving his 20-year letter, that he had to request to be transferred to the Retired Reserve.
4. The applicant's military records show that on 14 April 1991, he extended his reenlistment for a period of 6 months to give him a new expiration of term of service of 8 November 1991. He was serving in the USAR in the pay grade of E-7 at the time.
5. On 29 December 1988 the Army Reserve Personnel Center (ARPERCEN) notified the applicant (20-year letter) that he had completed the required years of service to be eligible for retired pay upon application at age 60 (7 November 2009).
6. On 18 November 1991 the Army Reserve Command published orders discharging the applicant from the USAR effective the same day. There is no indication in the available records to show that he was afforded the opportunity to request transfer to the Retired Reserve prior to his discharge.
7. 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 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.
8. 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 stated, 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 correct administrative errors such as errors concerning rank, social security number, or misspelled name.
9. Due to recent Departmental 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's honorable discharge from the USAR was accomplished in accordance with law and regulations applicable at the time.
2. However, it is reasonable to presume that had the applicant been given the opportunity to be transferred 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.
3. It appears that had he known he had not been assigned to the Retired Reserve and that he had to request such assignment prior to his discharge, he would have done so.
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 military records by voiding his discharge of 18 November 1991 and assigning him to the Retired Reserve effective the same day.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected:
a. by voiding the 18 November 1991 discharge from the USAR of the individual concerned; and
b. by showing that he was transferred to the Retired Reserve effective 18 November 1991.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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