RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 MAY 2005
      DOCKET NUMBER:  AR20040005288


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Raymond Wagner                |     |Chairperson          |
|     |Ms. Barbara Ellis                 |     |Member               |
|     |Ms. LaVerne Douglas               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his records be corrected to show that he
was transferred to the Retired Reserve vice discharged.

2.  The applicant states, in effect, that he was a member of the Army
National Guard between March 1967 and March 1978 and then joined the Army
Reserve. He states that he remained a member of the Army Reserve until 25
January 1991 at which time he thought he was transferred to the IRR
(Individual Ready Reserve) as reflected by his retirement point worksheet.

3.  He states that in 1991 he was having some personal problems and decided
not to continue his service as a drilling Reservist and that he would
retire.  He notes he received his “20 year” letter in May 1987.  He states
his unit administrator told him that his “paper work” would be taken care
of and that he would receive orders in the mail.  The applicant states that
because of his personal problems and employment he never followed up on his
orders.  He states that after contacting his former reserve command he was
told that the only “route that [he] can go to get a retired order so that
[he] might be able to draw retirement pay” when he reached age 60 in August
2005 was to apply to this Board.

4.  The applicant asked that “favorable consideration be given to [his]
request for issuance of an order transferring [him] to the retired reserve
so that [he] might be able to draw retirement pay at age 60.”

5.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 25 January 1991.  The application submitted in this case
is dated
9 June 2004.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.
3.  Records available to the Board indicate that the applicant enlisted in
the Army National Guard in March 1967 and served with that component until
1978.  He subsequently enlisted in the United States Army Reserve.  In 1986
he was promoted to pay grade E-8.

4.  On 12 May 1987 the applicant was notified that he had completed the
required years of service to be eligible for retired pay “upon application”
at age 60 (20 year letter).

5.  On 16 January 1988 the applicant reenlisted in the United States Army
Reserve for a period of 3 years.

6.  On 14 January 1991 the applicant’s commander prepared a “Request for
Discharge” addressed to the Commander, Second United States Army, at Fort
Gillem, Georgia.  The reason for discharge was marked as “Expiration Term
of Service (ETS)” and the ETS date was recorded as 15 January 1991.  In the
remarks section of the request was the typed notation “Transfer to Reserve
Retired Group.”

7.  On 25 January 1991 Headquarters, Second United States Army, issued
orders honorably discharging the applicant from United States Army Reserve
effective 25 January 1991.

8.  In 1997, in response to correspondence from the applicant’s
Congressional representative, the applicant was issued an honorable
discharge certificate.  In correspondence to his Congressional
representative, the applicant indicated that he had been attempting to
“determine the status of [his] retirement benefits and to insure that [he
was] in the system when [he becomes] eligible for benefits at age 60.”  In
that same correspondence he indicated that he never heard a word from his
unit, “not even a copy of [his] honorable discharge.”

9.  In 1949 Congress established a Reserve Component Retirement Plan.
Section 12731, 10 United States Code, provides an entitlement to certain
members of the Reserve Components to retired pay and benefits at age 60.
In order to receive retired pay, a Soldier must meet minimum requirements,
including:

      a.  must be at least 60 years of age;

      b.  performed at least 20 years of qualifying service;

      c.  performed the last 8 years of qualifying service while a member
of the active reserve;

      d.  not be entitled, under any other provision of law, to retired pay
from an armed force; and

      e.  must apply for retired pay by submitting an application.

10.  Reserve retired pay, for Soldiers who first join any military service
before
8 September 1980, is computed by multiplying their years of satisfactory
(equivalent) service by 2.5 percent up to a maximum of 75 percent.  The
resulting percentage will be applied to the basic pay in effect for the
soldier (based on retired pay grade and years of service-longevity) on the
date retired pay starts to determine monthly retired pay.  Guard and
Reserve Soldiers who separate or are discharge before age 60 will have
their total years of service for longevity pay determined at time of
separation.  Guard and Reserve Soldiers who transfer to the Retired Reserve
until age 60 will have their total years of service for longevity
determined at age 60.

11.  In the applicant’s case, based on his 1991 discharge, his basic pay
would be calculated based on an E-8 with over 24 years of service for
longevity.  Had he been transferred to the Retired Reserve, his basic pay
would be calculated on an E-8 with over 26 years of service for longevity;
the highest rate possible.  Based on the most current pay table, the
difference in basic pay for an E-8 with 24 years of service and that of an
E-8 with over 26 years is approximately $240.00.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that when the applicant’s commander submitted the
request for discharge in 1991 he did indicate in the remarks section that
the applicant should “transfer to reserve retired group.”  That action did
not take place and the applicant was merely discharged.  The basis for that
decision is unknown, but may have stemmed from the commander’s use of a
“request for discharge” form.  In any event, the evidence clearly shows the
intent was to have the applicant transferred to the Retired Reserve.

2.  Although there is no requirement for an individual to be a member of
the Retired Reserve in order to receive retired pay at age 60 if otherwise
qualified, there may be financial advantages to transferring to the Retired
Reserve versus being discharged.

3.  In the applicant’s case, transferring to the Retired Reserve would have
provided him with additional years of service for longevity purposes and as
such, a higher basic pay would be utilized in calculating his retired pay.
While the amount of ultimate retired pay may be less than significant, in
view of the fact that his commander did note that transferring to the
Retired Reserve was appropriate in his 1991 request, it would be
appropriate, and in the interest of justice and equity to grant the
applicant’s request by transferring him to the Retired Reserve effective 25
January 1991 and voiding the discharge action.

BOARD VOTE:

___RW__  ___BE __  ___LD___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by voiding the applicant’s 25 January
1991 discharge and showing instead that he was transferred to the Retired
Reserve that same date.




                                  ____ Raymond Wagner______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040005288                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050519                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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