| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. Samuel A. Crumpler | Chairperson | |
| Ms. Regan K. Smith | Member | |
| Mr. Antonio Uribe | Member |
2. The applicant requests that his discharge of 6 June 2002 be voided and that he be transferred to the Retired Reserve.
3. The applicant states that he was sent a promotion packet and a retention packet to complete and return. However, before the boards met, he was discharged without an opportunity to elect transfer to the Retired Reserve.
4. The applicant’s military records show that he initially enlisted in the United States Army Reserve (USAR) on 22 September 1976, for a period of 6 years and training as a clinical specialist. On 2 September 1981, he was commissioned as a USAR second lieutenant in the Army Nurse Corps. He remained active in the USAR and was promoted to the rank of major on 28 May 1994.
5. On 25 October 1996 the Army Reserve Personnel Command (ARPERSCOM) notified the applicant (20-year letter) that he had completed the required years of service to be eligible for Retired pay at age 60 (3 July 2012).
6. On 21 December 2000, a memorandum was dispatched from the ARPERSCOM to the applicant notifying him that he had been nonselected for promotion to the rank of lieutenant colonel (first nonselect). This is essentially the last document filed in his Official Military Personnel File (OMPF).
7. In the processing of this case a staff member of the Board contacted officials at the ARPERSCOM to ascertain when and why the applicant had been discharged. Officials at the ARPERSCOM indicated that the applicant had been twice nonselected for promotion and because his option statement was not returned, he was honorably discharged on 6 June 2002.
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 that 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 procedures governing the administrative separation of enlisted soldiers from the Reserve Components. Paragraph 1-3 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.
CONCLUSIONS:
1. In the absence of evidence to the contrary, it must be presumed that the applicant’s discharge was accomplished in accordance with law and regulations applicable at the time.
2. However, it appears that he was not afforded the opportunity to be transferred to the Retired Reserve. It is also reasonable to presume that given his qualifying years of creditable service for retired pay purposes, had he been afforded the opportunity prior to discharge, he would have elected to be transferred to the Retired Reserve.
3. Inasmuch as the applicant meets eligibility requirements for assignment to the Retired Reserve, it would be equitable and just to correct his military records by voiding his discharge of 6 June 2002 and assigning him to the Retired Reserve effective the same date.
4. 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 by voiding the 6 June 2002 discharge from the USAR of the individual concerned; and by showing that he was transferred to the Retired Reserve effective 6 June 2002.
BOARD VOTE:
____sac_ ___rks __ ___au___ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
___Samuel A. Crumpler____
CHAIRPERSON
| CASE ID | AR2002077049 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2003/02/11 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 2002/06/06 |
| DISCHARGE AUTHORITY | AR135-178 |
| DISCHARGE REASON | 2XX NONSELECT |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. 189 | 110.0000/VOID DISCH |
| 2. 341 | 136.0300/TRAN RET RES |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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