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 not given the opportunity to be transferred to the Retired Reserve.
4. The applicant's military records show that he enlisted in the USAR on 24 October 1957 and continued to serve until he was transferred to the USAR Control Group (Reinforcement) on 17 July 1986 and subsequently honorably discharged from the USAR at age 57 in the rank of specialist four effective on 13 December 1986 upon the expiration of his term of service.
5. On 16 May 1984 the applicant's unit initiated a request to issue him a letter of notification indicating that he had 20 qualifying years of service for USAR retired pay at age 60.
6. On 12 February 1986 the Army Reserve Personnel Center notified the applicant that he had completed the required years of service to be eligible for retired pay upon application at age 60 (2 August 1999).
7. On 10 December 1986 the Army Reserve Command published orders discharging the applicant effective 13 December 1986.
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 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.
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 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.
10. 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 upon the expiration of his term of service 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 13 December 1986 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 13 December 1986 discharge from the USAR of the individual concerned; and
b. by showing that he was transferred to the Retired Reserve effective 13 December 1986.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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