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ARMY | BCMR | CY2001 | 2001060711C070421
Original file (2001060711C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 18 December 2001
         DOCKET NUMBER: AR2001060711


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

Mr. Carl W. S. Chun Director
Mr. Paul A. Petty Analyst


The following members, a quorum, were present:

Ms. Irene N. Wheelwright Chairperson
Mr. Jose A. Martinez Member
Mr. Thomas Lanyi Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

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

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests that her honorable discharge from the Reserve be voided and that she be transferred to the Retired Reserve.

3. The applicant states that she originally intended to join the Individual Ready Reserve (IRR). There is no policy established by the U. S. Army Reserve (USAR) providing guidance to soldiers regarding procedural options available to soldiers that are eligible for retirement. She did not receive the necessary information to make a good decision. Retention members consistently lied about what was possible.

4. The applicant’s military records show that she was a USAR sergeant first class in a Reserve Troop Program Unit (TPU). On 11 February 1999, the U. S. Army Reserve Personnel Command (AR-PERSCOM) published a memorandum, “Twenty Year Letter,” notifying the applicant that she was eligible for retired pay at age 60. She had served continuously since 12 January 1979 and served continuously in the USAR from 30 July 1984. Her enlisted term of service expired on 10 December 1999. She was qualified but did not extend her enlistment or reenlist. She was honorably discharged on 1 May 2000, as a result of expiration of term of service, by Headquarters, 377th Theater Support Command, orders 126-10, dated 5 May 2000.

5. Army Regulation 140-10 (Army Reserve Assignments, Attachments, Details, and Transfers), paragraph 6-1, specifies, in pertinent part, that Reserve soldiers are eligible to be assigned to the Retired Reserve when they have completed
20 years active and inactive service and/or are qualified to receive retired pay at age 60. While assigned in the Retired Reserve, an enlisted USAR soldier does not have to reenlist.

CONCLUSIONS
:

1. The applicant was eligible to be transferred to the Retired Reserve. She states that she was not provided information on this option. She now requests that she be so transferred. In the interest of fairness, her discharge should be revoked and she should be transferred to the Retired Reserve, effective
1 December 1999.

2. In view of the foregoing, the applicant’s records should be corrected as recommended below.







RECOMMENDATION
:

That all of the Department of the Army records related to this case be corrected for the individual concerned by:

         a. revoking Headquarters, 377th Theater Support Command, orders
126-10, dated 5 May 2000, discharging the individual on 1 May 2000; and

b. transferring her to the Retired Reserve effective 1 December 1999.

BOARD VOTE:

__iw____ ___jm___ __tl____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Irene N. Wheelwright__
                  CHAIRPERSON




INDEX

CASE ID AR2001060711
SUFFIX
RECON
DATE BOARDED 20011218
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 20000501
DISCHARGE AUTHORITY AR 625-200
DISCHARGE REASON ETS
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 136 – Retirement/Separation
2.
3.
4.
5.
6.


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