| Mr. Carl W. S. Chun | Director | |
| Ms. Joyce A. Wright | Analyst |
| Mr. Arthur A. Omartian | Chairperson | |
| Mr. Harry B. Oberg | Member | |
| Mr. Thomas Lanyi | Member |
2. The applicant requests that his discharge be revoked and that he be transferred to the Retired Reserve.
3. The applicant states that he was serving in the US Army Reserve (USAR) in July 1999. At the time he was performing annual training, he received a phone call informing him that his ex-spouse was ill. He was divorced but had children by his ex-spouse. He went to see his children and was informed that his ex-spouse had cancer with only 4 to 6 months to live. He notified his unit of his situation and was granted excused absences from his monthly drills. During that time, he provided comfort for his children and ex-spouse until her death on 25 December 1999.
4. In January 2000, he received orders from his unit discharging him from the USAR instead of transferring him to the Retired Reserve, which he was unaware of. The next week he received his 20-Year Letter. He assumed that his unit would take care of the situation; however, he was wrong. It was later brought to his attention that he was not entitled to a military identification card which meant no post-exchange or commissary visits. He is now requesting relief from this Board in order to utilize his benefits after 20 years of service. In support of his application, he submits a copy of his separation orders, Notification of Eligibility for Retired Pay at age 60 (20-Year Letter), dated 23 February 2000, and his ex-spouse's death certificate.
5. The applicant’s military records show that he enlisted in the USAR on 12 September 1977. He enlisted in the Regular Army on 22 September 1977. He continued to serve until he was honorably discharged on 25 March 1984. He was transferred to the USAR Control Group (Reinforcement). He reenlisted in the USAR on 26 March 1984. He continued to serve through a series of continuous reenlistments.
6. He was promoted to sergeant (SGT/E-5) effective 28 March 1992.
7. He was honorably discharged from the USAR on 29 November 1999, in the rank of sergeant.
8. The applicant provided a copy of his ex-spouse's death certificate, which shows her date of death as 25 December 1999.
9. On 23 February 2000, the Army Reserve Personnel Command (AR-PERSCOM) 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).
10. The applicant provided a copy of his chronological statement of Retirement Points, dated 14 September 2001, which shows that he had completed 21 years of qualifying service for retirement purposes.
11. 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.
12. 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.
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. It is apparent that the applicant was qualified for transfer to the Retired Reserve as indicated by the issuance of a 20-Year Letter and had completed 20 years of qualifying service for retirement purposes.
3. The Board notes that had it not been for the applicant's situation pertaining to his ex-spouse that he would have requested transfer to the Retired Reserve in a timely matter.
4. 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 29 November 1999, and assigning him to the Retired Reserve effective the same date.
5. 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 29 November 1999 discharge from the USAR; and
b. by showing that he was transferred to the Retired Reserve effective
29 November 1999.
BOARD VOTE:
__ao___ ___ho__ ___tl__ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
__Arthur A. Omartian___
CHAIRPERSON
| CASE ID | AR2002082168 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030828 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 19991129 |
| DISCHARGE AUTHORITY | AR 140-10 |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | 338 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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