MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 7 March 2002
         DOCKET NUMBER: AR2001058277

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Ms. Beverly A. Young		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor		Chairperson
Mr. John P. Infante		Member
Ms. Regan K. Smith		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

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APPLICANT REQUESTS: That Army Reserve Personnel Command (AR-PERSCOM) Orders Number D-01-800319, dated 4 January 2000, and his DD Form 214 (Certificate of Release or Discharge from Active Duty) be amended to show that he was transferred to the U.S. Army Reserve (USAR) Control Group (Individual Ready Reserve (IRR)).

APPLICANT STATES: That 7 months and 4 days were omitted from his records at the time of his discharge and this service would give him over 20 qualifying years of service for retirement. He states that he found out on 15 May 2001 that he was 5 months short of completing his 20 qualifying years of service for retirement because he was discharged too soon. He further contends that he should have been transferred to the USAR Control Group (IRR) for the remainder of his retirement year on 30 June 2000 or at his expiration of term of service (ETS). He also states that he was going for treatment at the Los Angeles Air Force Base for chronic back and hip pain and to the Dental Clinic at the time of his discharge.

In support of his application, the applicant submitted a supplemental letter, dated 25 May 2001; his Chronological Statement of Retirement Points, dated 6 August 1999; two DD Forms 214; reassignment orders; discharge orders; a Department of Veterans Affairs Rating Decision, dated 6 July 2000; three Noncommissioned Officer Evaluation Reports; and a letter from his therapist, dated 15 September 1998.

EVIDENCE OF RECORD: The applicant's military records show:

The applicant’s birth date is 25 September 1941. He enlisted in the Regular Army on 21 August 1961 and completed training as a personnel specialist. The applicant was honorably released from active duty on 25 May 1964 and transferred to the USAR Control Group to complete his Reserve obligation. After a break in service, he enlisted in the USAR on 1 July 1982 and was ordered to active duty in the USAR Active Guard/Reserve (AGR) program on 30 June 1986.

The applicant tested positive for cocaine during a unit urinalysis administered on 2 August 1997. As a result, he received a negative counseling statement on 24 February 1998 and was informed of separation action under the provisions of Chapter 14, Army Regulation 635-200. A board of officers twice considered the applicant’s case and ultimately recommended that he be separated with a general discharge. The separation authority considered the recommendation of the board of officers and directed that the applicant be separated under the provisions of Chapter 14, Army Regulation 635-200 with a general discharge.

AR-PERSCOM Orders Number D-01-800319, dated 4 January 2000, discharged the applicant from the USAR AGR program effective 4 February 2000.

The applicant’s DD Form 214 shows he was discharged under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct – commission of a serious offense with issuance of a general discharge. His DD Form 214 also shows the entry “NA” in item 9 (Command to Which Transferred).

The applicant’s Chronological Statement of Retirement Points, published on 1 October 2001, shows he completed 20 qualifying years of service for Reserve retirement at age 60.

The Board noted that the applicant’s birth date is 25 September 1941 and that he became eligible for receipt of Reserve retired pay and retirement benefits effective 25 September 2001.

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 1-30 states, 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 a manifest error or fraud. After the effective date of discharge, orders could not 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.

Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directs that the command to which the soldier will be transferred is entered in item 9 (Command to Which Transferred) of the DD Form 214 based on Table 2-2 of Army Regulation 635-5. Table 2-2 shows that if the soldier is discharged and has no further military status, then the entry “NA” is placed in item 9 of the DD Form 214.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. The Board noted the applicant’s contention that he did not receive service credit in the amount of “7 months and 4 days” for the period 1 July 1999 through 4 February 2000. However, the applicant’s Chronological Statement of Retirement Points published on 16 October 2001 shows that he received 219 days of active duty service credit for the period 1 July 1999 through 4 February 2000. Therefore, he received service credit for the period in question and his Chronological Statement of Retirement Points is correct as currently constituted. As a result, there is no basis to correct or otherwise amend his DD Form 214 or Chronological Statement of Retirement Points.

2. Based on the applicant’s Chronological Statement of Retirement Points published on 16 October 2001, it is apparent that he has completed 20 qualifying years of service for Reserve retirement benefits at age 60. Inasmuch as the applicant is already 60 years old and eligible for retired pay and retired benefits, there is no valid reason to transfer him to the IRR.

3. Regulation governing the preparation of the DD Form 214 shows that discharge without further military status requires the entry “NA” in item 9 of that form. Item 9 of the applicant’s DD Form 214 with a separation date of 4 February 2000 shows the entry “NA”; therefore, it is correct as currently constituted. As a result, there is no basis to correct or otherwise amend item 9 of his DD Form 214.

4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy either requirement.

5. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

RVO_____ JPI_____ RKS_____ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

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INDEX

CASE ID	AR2001058277
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020307
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY	MR CHUN
ISSUES 1.	136.0300.0000
2.	129.0100.0000
3.
4.
5.
6.