| Mr. Carl W. S. Chun | Director | |
| Mr. William W. Osborn, Jr. | Analyst |
| Ms. Irene N. Wheelwright | Chairperson | |
| Mr. Fred N. Eichorn | Member | |
| Ms. Gail J. Wire | Member |
2. The applicant requests that his status be changed from discharged to Retired Reserve.
3. The applicant states that he was discharged on 17 October 1997, but he has 20 qualifying years and is eligible for the Retired Reserve. He identifies
14 December 2000 as the date of discovery and relates that his orders indicated that he had been discharged but he did not know that he had to be in the Retired Reserve in order to be eligible for benefits.
4. The applicant’s military records show that following enlisted service in the Army National Guard he was appointed an officer. He progressed normally until he was twice non-selected for promotion to major. On 4 August 1994 he requested separation from the Alaska Army National Guard because he was pending mandatory separation due to this non-selection. On 10 April 1995 the Alaska Army National Guard amended the applicant’s separation order to show that he had been transferred to the USAR Control Group (Reinforcement) rather than the Retired Control Group. A 10 May 1995 letter from the Commander, Army Reserve Personnel Center (ARPERCEN) notified the applicant that he had been promoted to major with a date of rank of 10 May 1994. On 17 October 1997 the ARPERCEN discharged the applicant. The separation order states “…you no longer have any military status.…”
5. The applicant’s OMPF contains no indication that he was advised of his right to elect transfer to the Retired Reserve or discharge or that he ever made any such election.
6. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.
CONCLUSIONS:
1. The applicant’s current status will have no effect upon his eligibility for pay and benefits at age 60. However, had he been transferred to the Retired Reserve he would be eligible for those benefits associated with what is popularly termed “Gray Area” retirement.”
2. The alleged error or injustice was, or with reasonable diligence should have been discovered on 17 October 1997, the date of the discharge. The time for the applicant to file a request for correction of any error or injustice expired on
17 October 2000.
3. However, in the absence of evidence that the applicant was advised of his right to elect discharge or transfer to the Retired Reserve or that he exercised that right and elected discharge it is unjust to deprive him of those Gray Area benefits. Therefore, it is in the interest of justice to waive the failure to timely file and to grant the requested relief.
4. In view of the foregoing findings and conclusions, correcting the applicant's records as recommended below would rectify an injustice.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected by revoking the 17 October 1997 honorable discharge currently held by the individual concerned and by showing that he was transferred to the USAR Control Group (Retired) on that same date.
BOARD VOTE:
__INW___ __FNE__ __GJW__ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
_Irene N. Weelwright___
CHAIRPERSON
| CASE ID | AR2001051489 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20010809 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | 136.01 |
| 2. | 142.00 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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