| Mr. Carl W. S. Chun | Director | |
| Ms. Joyce A. Wright | Analyst |
| Mr. Samuel A. Crumpler | Chairperson | |
| Mr. John T. Meixell | Member | |
| Ms. Shirley Powell | Member |
2. The applicant requests, in effect, that his records be corrected to show that he was transferred to the Retired Reserve after serving 20 years in the US Army Reserve (USAR).
3. The applicant states that he requested an identification card ID) and was informed that he was not retired but released from the USAR. However, he should be listed as retired instead of released. In support of his application, he submits copies of his: Honorable Discharge Certificate, dated 11 April 1994; Congratulations letter from the Chief, Retired Activities Division; Notification of Eligibility for Retired Pay at age 60 (20-Year Letter), dated 21 February 1991; Chronological Statement of Retirement Points, dated 10 August 2001; and a letter from the Retention and Entitlements Branch.
4. The applicant’s military records show that he enlisted in the USAR on 4 August 1970. He continued to serve in the USAR through a series of continuous reenlistments.
5. On 21 February 1991, the Army Reserve Personnel Center (ARPERCEN) notified the applicant that he had completed the required years of service to be eligible for retired pay upon applicant’s age at 60 (20-Year Letter).
6. The applicant’s records contain a copy of his Chronological Statement of Retirement Points, dated 10 August 2001, which shows that he had completed
20 years of qualifying service for retirement purposes.
7. He was honorably discharged from the USAR on 13 March 2001, in the rank of First Sergeant (1SG).
8. The applicant provided a copy of a congratulations letter from the Chief, Retired Activities Division which congratulations him on his many years of outstanding and dedicated service to his country.
9. The applicant provided a copy of a letter from the Retention and Entitlements Branch, dated 10 April 2000. This letter informed the applicant that he was eligible to received retired pay benefits at age 60, but was discharged, and was eligible to receive certain benefits Under Chapter 54, Title 10, United States Code.
10. 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 the regulation relates to the removal of soldiers from an 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.
11. 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 1-3 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 evidence of
manifest error or fraud. After the effective date of discharge, orders could be amended by the separation authority only to correct manifest errors such as the wrong character of service or to correct administrative errors such as errors concerning rank, social security number, or misspelled name.
12. On 29 October 1999, the Under Secretary of Defense established policy as pertains to former Reserve members entitlements. Members of the Reserve Components who are eligible to receive retired pay at age 60, but have been discharged, are entitled to an identification card and other such privileges.
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 is apparent that the applicant was qualified for transfer to the Retired Reserve as indicated by the issuance of a 20-Year Letter. It appears that, had the applicant been informed that he needed to request transfer to the Retired Reserve, he would have elected to do so.
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 revoking his discharge of 11 April 1994, 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 for the individual concerned be corrected:
a. by revoking the 11 April 1994 discharge from the USAR; and
b. by showing that he was transferred to the Retired Reserve effective
11 April 1994.
BOARD VOTE:
__sc___ ___jm___ __sp___ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
___Samuel A. Crumpler___
CHAIRPERSON
| CASE ID | AR2002079884 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030610 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 19940411 |
| DISCHARGE AUTHORITY | AR 140-10 |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | 338 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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