RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 December 2005
      DOCKET NUMBER:  AR20050004504


      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. Joyce A. Wright               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Melvin H. Meyer               |     |Member               |
|     |Mr. Allen L. Raub                 |     |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 separation orders, dated 15 December
1995, be amended to show that he was placed in the Retired Reserve.

2.  The applicant states he retired on 21 April 1993 and was assigned to
the US Army Reserve (USAR) Control Group, by Orders Number 24-9, published
by Headquarters (Hqs), 108th Division (Training [tng]), dated 25 March
1993.  He later received a copy of orders from the US Army Reserve
Personnel Center (ARPERCEN) informing him that he was honorably discharged,
which was incorrect.  It was also noted that he failed to perform his
duties, which was the reason for his discharge.

3.  The applicant provides a copy of Orders 24-9, published by Hqs, 108th
Division (Tng), dated  25 March 1993, with a first Endorsement attached,
dated 3 January 1995, a copy of ARPERCEN Orders D-12-515202, dated
15 December 1995, and a copy of his DFAS-CL Form 1900/10 (Reserve Special
Separation Pay [RSSP] Earning Statement).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 21 April 1993, the date he was transferred to the Retired
Reserve.  The application submitted in this case is dated 16 February 2005
but was received on 30 March 2005.

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 entered active duty (AD) on
17 September 1965.  He was promoted to sergeant (SGT/E-5) on 19 August
1967.  He was released from AD on 16 September 1967.  He was transferred to
the US Army Reserve (USAR).  He continued to serve through a series of
continuous reenlistments.

4.  On 10 August 1987, ARPERCEN notified the applicant that he had
completed the required years of service to be eligible for retired pay, on
application, at age 60 (20-Year Letter).

5.  He was promoted to master sergeant (MSG/E-8) on 10 March 1992.

6.  The applicant provides a copy of Hqs, 108th Division (Tng) Orders
Number 24-9, dated 25 March 1993, which show that he was released from his
troop program unit (TPU), due to nonselection for retention effective 21
April 1993.  He was assigned to the USAR Control Group (Reinforcement).

7.  On 3 January 1995, ARPERCEN prepared a first endorsement to Orders
Number 24-9.  The endorsement stated that the applicant was improperly
assigned to the USAR Control Group (Reinforcement).  This endorsement
amended his original order and indicated that he was now assigned to the
Control Group (Retired) and was now authorized Selected Reserve Transition
Benefits (SRTB).

8.  On 15 December 1995, ARPERCEN published Orders Number D-12-515202.
These orders show that the applicant was honorably discharged from the USAR
Control Group (Reinforcement) effective 15 December 1995, in the rank of
MSG.

9.  The applicant provides a copy of his RSSP Earning Statement which shows
that he was being paid transition benefits.

10.  The applicant's Summary of Retirement Points shows he completed
26 years of qualifying service for retirement purposes.  It also shows that
his last retirement year ending (RYE) as 21 April 1993 and he earned no
additional points after this date.

11.  Army Regulation 135-178 establishes 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 can
be amended by the separation authority only to correct manifest error such
as the wrong character of service or to correct administrative errors such
as rank, social security number, or misspelled name.



12.  Army Regulation 140-10 sets 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant completed 26 years of qualifying
service for retirement purposes on 21 April 1993 and was assigned to the
USAR Control Group (Reinforcement) due to his nonselection for retention.
It was later determined that he was improperly assigned to the USAR Control
Group (Reinforcement) and orders were amended to show that he was assigned
to the USAR Control Group (Retired) with authorization for SRTB.

2.  The evidence shows that orders were later published releasing the
applicant from the USAR Control Group (Reinforcement) and he was honorably
discharged from the USAR effective 15 December 1995.

3.  It is apparent that an administrative error occurred in the applicant's
case.  The evidence shows that he was placed in a retired status; however,
orders were later published discharging the applicant from the USAR Control
Group (Reinforcement), while he was in a retired status.

4.  Based on the evidence provided, it would be equitable and just to
correct the applicant's military records by revoking Orders Number D-12-
515202, published by ARPERCEN, dated 15 December 1995.

BOARD VOTE:

__ALR____  _MM___  __SLP___  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 revoking ARPERCEN Orders D-12-515202,
dated   15 December 1995.




                            ____Shirley L. Powell_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004504                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051213                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19951215                                |
|DISCHARGE AUTHORITY     |AR 140-10                               |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |136                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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