| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. Melvin H. Meyer | Chairperson | ||
| Mr. Curtis L. Greenway | Member | ||
| Ms. Mae M. Bullock | Member |
2. The applicant requests that his discharge from the USAR be voided and that he instead be transferred to the Retired Reserve.
3. The applicant states, in effect, that he was discharged from his United States Army Reserve (USAR) unit on 10 June 2001, approximately 8 months after he received his 20 -year letter. He further states that when he went to his unit he was informed that his records had been sent to the Army Reserve Personnel Command (ARPERSCOM) in St. Louis, Missouri. He continues by stating that he desires to be transferred to the Retired Reserve in order that he may receive his identification (ID) card.
4. The applicant’s military records show that on 1 July 1992, he was honorably discharged in the pay grade of E-5, under the provisions of Army Regulation 635-200, paragraph 16-8, under the Fiscal Year 1992 Voluntary Early Transition Program with the Special Separation Bonus (SSB) entitlement. He had served 13 years of active service and received $34, 592.84 in a single SSB payment.
5. He enlisted in the USAR for a period of 3 years, was assigned to a troop program unit in Georgia and was promoted to the pay grade of E-6 on 1 November 1993. He reenlisted on 11 June 1995 for a period of 6 years. His expiration of term of service was 10 June 2001.
6. On 21 September 2000, the 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 (24 January 2019).
7. On 7 February 2002, the 81st Regional Support Command in Birmingham, Alabama, published orders discharging the applicant from the USAR effective the same date.
8. A review of the applicant's records fails to show any indication that the applicant was notified that he was being separated or that he was advised of his options prior to discharge.
9. 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.
10. 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 before he was discharged, which was approximately 9 months after his ETS. While the Board cannot ascertain why the applicant was not advised or why he was discharged after his ETS, the Board finds it 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 7 February 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 7 February 2002 discharge from the USAR of the individual concerned; and by showing that he was transferred to the Retired Reserve effective 7 February 2002.
BOARD VOTE:
__mm___ __mb___ __clg____ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
____Melvin H. Meyer_____
CHAIRPERSON
| CASE ID | AR2002080022 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2003/04/22 |
| TYPE OF DISCHARGE | (HDDD, UNCHAR) |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. 189 | 110.0000/VOID DISCH |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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