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. However, after receiving his 20-year letter he submitted a request to be transferred to the Retired Reserve and was informed that he had already been discharged and could not be transferred as requested.
4. The applicant's military records show that he was initially inducted in June 1968 and after serving a tour in Vietnam, was honorably released from active duty and transferred to the USAR Control Group (Reinforcement). He then enlisted in the Georgia Army National Guard where he served from June 1976 through June 1978. He enlisted in the USAR on 13 November 1978 and continued to serve through a series of reenlistments until he was honorably discharged from the USAR by the Army Reserve Command on 29 October 1992, 2 months after the expiration of his term of service.
5. On 17 May 1993 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 (31 August 2005).
6. 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 from the USAR.
7. The applicants records do indicate that the applicant was counseled in April and June 1992 that he did not meet Army weight control standards (AR 600-9). In addition, his records contain a request from his unit dated 24 August 1992 requesting that the applicant be honorably discharged from the USAR at his scheduled expiration of term of service of 24 August 1992. The request also indicated that the applicant was not available for signature.
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 an 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 was accomplished in accordance with law and regulations applicable at the time.
2. 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.
3. Therefore, it is reasonable to presume that had the applicant been given the opportunity and properly informed of his eligibility 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
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 29 October 1992 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 29 October 1992 discharge from the USAR of the individual concerned; and
b. by showing that he was transferred to the Retired Reserve effective 29 October 1992.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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