RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         21 DECEMBER 2004
      DOCKET NUMBER:  AR2004105292


      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             |
|     |Mr. Kenneth H. Aucock             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Paul Smith                    |     |Member               |
|     |Ms. Semma Salter                  |     |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.  In effect, the applicant requests that his discharge from the Army
Reserve be voided and that he instead be transferred to the Retired
Reserve.

2.  The applicant states that his unit requested that he be discharged
because he was past his ETS (expiration of term of service).  He was
informed by his unit that he would be transferred to the Retired Reserve;
however, he was unaware that he had to sign a request in order to be
transferred.  His unit was in the process of inactivation, and personnel
actions were not being done right.  He states that division headquarters
personnel will assist him.  They believe his discharge was erroneous;
however, they cannot revoke the order.

3.  The applicant provides a copy of the notification to him that he was
eligible for retired pay at age 60 (20 year letter), a copy of the order
discharging him from the Army Reserve, a copy of the document requesting
that he be discharged, and a copy of e-mail correspondence regarding this
matter.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army for 2 years on 5 December 1973.  He
reenlisted for 3 years on 11 December 1975 and was discharged on 4 December
1978 and transferred to the Army Reserve Control Group (Reinforcement).  He
was discharged from the Army Reserve on 4 December 1979.  On 31 July 1980
he enlisted in the Regular Army for 4 years.  He was discharged on 19 July
1984. He enlisted in the Army Reserve for 3 years on 23 March 1987,
reenlisted for      6 years on 21 January 1990, and again for 6 years on 3
December 1995.  His service in the Army Reserve was continuous until his
discharge in 2002.

2.  The applicant was issued a 20-year letter on 9 August 2001.

3.  On 11 April 2002 the applicant's commanding officer requested that the
applicant be discharged from the Army Reserve.  That request shows that his
ETS was 2 December 2001.  It also shows that the applicant was unavailable
for signature.

4.  Orders published by the 98th Division show that the applicant was
discharged from the Army Reserve on 15 May 2002.

5.  In a 26 February 2004 message to the Army Reserve Command, an official
of the 98th Division requested advice regarding the applicant's discharge,
stating that she had a record of talking with the applicant's unit at that
time [2002] and advising them that he should go to the Retired Reserve;
however, the unit informed her that the applicant wanted to be discharged,
and his ETS had already passed.  She stated that the applicant assured her
that the unit never told him he had to request transfer to the Retired
Reserve, but thought it was automatic.

6.  In response, an official of the Army Reserve Command informed her that
the applicant had to apply to this Board in order to void his discharge.

7.  Army Regulation 140-10 provides policies and procedures for transfer to
the Retired Reserve and states, in pertinent part, that assignment to the
Retired Reserve is authorized if a soldier has completed a total of 20
years of active or inactive service in the Armed Forces.  Eligible soldiers
must request transfer.

8.  On 29 October 1999, the Under Secretary of Defense issued a policy
memorandum stating that former members of the Reserve Components, e.g.,
discharged from the Army Reserve, who have been issued a 20-year letter,
are entitled to receive an identification card and the benefits associated
with membership in the Retired Reserve.  The member is required to take the
20-year letter and a photo identification to the nearest military ID card
facility for issuance of the military ID card.  In the interim, the member
may use the facilities by showing the 20-year letter and a photo ID until
issued a military ID card.  The issuance of a military ID card does not
negate responsibility to apply for retired pay when at 59 ½ years of age.
The member should request the required application from the Army Reserve
Personnel Command in St. Louis well prior to the date of reaching 59 ½
years of age.

DISCUSSION AND CONCLUSIONS:

1.  Notwithstanding the applicant's contention, there appears to be no
error or injustice regarding his discharge.  He has not provided any
evidence that the unit informed him that he would be transferred to the
Retired Reserve.  The applicant, well beyond his ETS, had to request such a
transfer, a fact that unit personnel would have known.  The official of the
98th Division stated that at that time the unit informed her that the
applicant wanted to be discharged.

2.  The applicant has submitted neither probative evidence nor a convincing
argument in support of his request.

3.  The applicant may be unaware of the Under Secretary of Defense policy
regarding military benefits for former members of the Reserve Components.
In this regard, a copy of the above-mentioned memorandum will be forwarded
to the applicant with this decision document.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___FE __  ___PS  __  ___SS __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





                                  ______Fred Eichorn________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004105292                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041221                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |136.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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