RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 June 2005
      DOCKET NUMBER:  AR20050003164


      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. Alan Chin                     |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Ms. Karen Y. Fletcher             |     |Member               |
|     |Mr. Kenneth L. Wright             |     |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, in effect, that he be transferred to the
Retired Reserve instead of discharged.

2.  The applicant states that he received his 20-year letter in May 1996,
retired on 10 October 1997, and received his Retired Reserve identification
(ID) card.  A year later he was in a major house fire and lost everything,
including his ID card. The fire resulted in him becoming a double amputee
with 3rd degree burns over 80% of his body, legally blind, and wheelchair
bound.  He further states that when he went to get his Retired Reserve ID
card replaced he was instead issued a Former Member ID card.  He contends
that now he has to replace his ID card every four years until the day
before his 60th birthday, which is a hassle and an inconvenience to him.

3.  The applicant provides a copy of his DD Form 2 (United States Uniformed
Services Identification Card, which reflects U.S. Army Former Member;
Chronological Statement of Retirement Points; discharge order; report from
Dr. D_____ T____, from the Illinois Department of Human Services concerning
his vision condition; and a memorandum from Dr. M_____ S_____, from
Fairview Heights Medical Group, LLC, concerning his other medical
conditions.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 29 June 1998, the date of his discharge.  The application
submitted in this case is dated 25 August 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.  The applicant’s military records show he enlisted in the United States
Army Reserve (USAR) on 11 May 1974.  He continued to serve through a series
of continuous reenlistments.  He was promoted to staff sergeant, effective
29 October 1990.  His final reenlistment occurred on 20 October 1991 at
which
time he reenlisted for six years with a new expiration term of service of
19 October 1997.

4.  On 13 May 1996, the U.S. Army Reserve Personnel Command (ARPERCEN)
notified the applicant that he had completed the required years of service
to be eligible for retired pay upon the applicant’s application at age 60
(20-year letter).

5.  The applicant’s Chronological Statement of Retirement Points shows that
he had completed 21 years of qualifying service for retirement purposes as
of
10 May 1997.

6.  The applicant’s military records show that he completed and signed a
DA Form 4651-R, dated 15 October 1997, requesting transfer to the USAR
Retired Reserve, effective 17 October 1997.

7.  Orders 180-30, published by 88th Regional Support Command, Fort
Snelling, Minnesota, dated 29 June 1998, honorably discharged the applicant
from the USAR effective the same date under the authority of Chapter 11,
Army Regulation 135-178 by reason of expiration of service obligation.
However, the specific facts and circumstances pertaining to the applicant’s
discharge are not present in the available records.

8.  Army Regulation 140-10 sets forth the basic authority for the
assignment, attachment, detail, and transfer of USAR Soldiers.  Chapter 6
of the regulation relates to the transfer of eligible Soldiers to the
Retired Reserve.  It states, in pertinent part, that eligible Soldiers must
request transfer if they have completed a total of 20 years of qualifying
active or inactive service in the Armed Forces.  A DA Form 4651-R (Request
for Reserve Component Assignment of Attachment) will be completed by the
Soldier.  The Soldier’s signature must appear on the DA Form 4651-R in
instances of voluntary assignment, transfer, or attachment.

9.  Army Regulation 135-178 sets forth the basic authority for the
administrative separation of Army National Guard and Army Reserve enlisted
personnel.  Chapter 11 of that regulation provides, in pertinent part, for
a Soldier’s discharge on expiration of enlistment, reenlistment, or
fulfillment of service obligation.  Soldiers will normally be awarded a
character of service of honorable.

10.  A member of the Board staff coordinated with the Human Resources
Command (HRC), St. Louis, Missouri to obtain a copy of the applicant’s 20-
year letter.  In addition to the 20-year letter we received a copy of his
Retirement Points Accounting System (RPAS) statement.  In reviewing his
RPAS it was discovered that he was only credited with 2 active duty points
during the period 11 May 1996 to 10 May 1997 when he should have been
credited with 14 points.  As such, HRC, St. Louis administratively
corrected the applicant’s RPAS statement to reflect the 14 active duty
points during the same timeframe.  HRC, St. Louis will send the applicant
an official updated copy of his Chronological Statement of Retirement
Points with the administrative correction.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his discharge under the provisions of
Chapter 11, AR 135-178 should be voided and that orders should be issued to
show that he was transferred to the Retired Reserve effective 17 October
1997.

2.  It is apparent that the applicant was qualified for transfer to the
Retired Reserve as indicted by the issuance of a 20-year letter on
completion of 20 years of qualifying service for retirement purposes.

3.  There is evidence in the available records to show that the applicant
requested transfer to the Retired Reserve effective 17 October 1997.  His
record contains a completed DA Form 4651-R, signed by the Soldier and his
losing unit commander, dated 15 October 1997.  However, the record does not
show the final disposition of the applicant’s request for transfer to the
Retired Reserve nor does it explain the circumstances leading to his
delayed discharge on 29 June 1998 under the provisions of Chapter 11, Army
Regulation 135-178.

4.  Inasmuch as the applicant meets eligibility requirements for transfer
to the Retired Reserve and that he submitted his request for transfer to
the Retired Reserve in advance of his expiration term of service from the
USAR, it would be equitable and just to correct his military records by
revoking his discharge of
29 June 1998, and transferring him to the Retired Reserve effective the
same date.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 29 June 1998, the date of his
discharge from the United States Army Reserve; therefore, the time for the
applicant to file a request for correction of any error or injustice
expired on 28 June 2001.  However, the applicant has provided evidence to
show that it would be in the best interest of justice to excuse his failure
to timely file within the 3-year statute of limitations.
BOARD VOTE:

__WDP _  __KYF    _  __KLW__  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:

      a.  by revoking the 29 June 1998 discharge from the USAR; and


      b.  by showing that he was transferred to the Retired Reserve
effective
29 June 1998.




                                  __/s/ William D. Powers  _
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003164                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050607                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |MR. SCHNEIDER                           |
|ISSUES         1.       |110.0300                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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