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ARMY | BCMR | CY2001 | 2001064616C070421
Original file (2001064616C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 5 March 2002
         DOCKET NUMBER: AR2001064616

         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
Mr. Paul A. Petty Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Mr. Donald P. Hupman Member
Mr. Thomas B. Redfern 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)


APPLICANT REQUESTS: In effect, that his discharge from the U. S. Army Reserve (USAR) at the expiration of his term of service (ETS) be amended to transfer him to the Retired Reserve.

APPLICANT STATES: In effect, that he thought that he had been transferred to the Retired Reserve instead of being separated. He has his 20 year letter, a Military Identification Card showing that he is “Reserve Retired”, is listed in Defense Eligibility & Enrollment Reporting System (DEERS), and receives his commissary privileges card each year. He informed his unit that he intended to retire. He was out of the area for his civilian job at the time. The applicant provides a copy of his 20 year letter; his DA Form 4651-R (Request for Reserve Component Assignment or Attachment), dated 8 November 1993, requesting his transfer to the Army Reserve Personnel Center (ARPERCEN) and discharge due to ETS, effective 2 November 1993; and his discharge order.

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

That he was a master sergeant in the USAR, with over 20 years service, assigned to a Troop Program Unit (TPU) in Wilmington, Delaware. He commuted from his residence in Frederick, Maryland. He had reenlisted on
15 September 1987, for a six year term of service. His Standard Installation Division Personnel System – USAR, Personnel Qualification Record, showed his ETS as 2 November 1993.

He received his memorandum, Subject: Notification of Eligibility for Retired Pay at Age 60 (Twenty Year Letter), dated 30 September 1994. On 8 November 1993, on a DA Form 4651-R, his TPU commander requested his transfer to the Army Reserve Personnel Center (ARPERCEN) and “discharge from reserves because of ETS,” effective 2 November 1993. The applicant was not available to counter sign the request. On 23 November 1993, Headquarters, U. S. Army Reserve Command, in Atlanta, Georgia, issued orders 94-036-120, honorably discharging the applicant from the USAR, effective 23 November 1993, by reason of ETS.

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 applicant was properly discharged at the expiration of his term of service. His term of service had expired and he had not reenlisted. His DA Form 4651-R properly requested discharge due to ETS. There is no error or injustice in this action.



2. The applicant is qualified for retired pay at age 60. At age 58, he will be provided information for applying for retired pay. Until he starts to receive retired pay, he will continue to receive commissary privileges and is entitled to a former member identification card.

3. 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

__fe___ __dh____ ___tr_____ DENY APPLICATION



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




INDEX

CASE ID AR2001064616
SUFFIX
RECON
DATE BOARDED 20020305
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 19931123
DISCHARGE AUTHORITY AR 135-178
DISCHARGE REASON ETS
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 136 - Separation
2.
3.
4.
5.
6.


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