RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 January 2006
      DOCKET NUMBER:  AR20050005126


      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:

|     |Mr. Kenneth L. Wright             |     |Chairperson          |
|     |Mr. Dale E. DeBruler              |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |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 discharge be revoked and that he be
transferred to the Retired Reserve.

2.  The applicant states that at the end of his career, with the U.S. Army
Reserve (USAR), he requested to be cycled to the control (USAR Control
Group).  He was unaware that he needed to reenlist.  He was discharged for
not having a valid enlistment and was not apprised or aware of this
procedure.  He merely wished to be retired.

3.  The applicant provides a copy of his 20-Year Letter (Notification of
Eligibility for Retired Pay at Age 60), a copy of his separation orders,
and a copy of his summary of retirement points.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 5 March 2002, the date of his discharge.  The application
submitted in this case is dated 31 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
4 September 1970.  He was promoted to pay grade E-4 on 13 April 1971.  He
continued to serve until he was released from AD on 7 March 1972.  He was
transferred to the U.S. Army Reserve (USAR).  He was honorably discharged
on 3 September 1976.

4.  After a break in service, he enlisted in the USAR on 31 March 1982.  He
was promoted to sergeant first class (SFC/E-7) effective 29 February 1988.
He continued to serve through a series of continuous reenlistments.

5.  On 20 October 2004, the Army Human Resources Command (AHRC)-St. Louis
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).
6.  The applicant provides a copy of US Army Reserve Personnel Command (AR-
PERSCOM) Orders D-03-210413, dated 5 March 2002, which show that he was
honorably discharged from the USAR Control Group (Reinforcement), effective
5 March 2002, in the rank of SFC.

7.  There is no evidence to show that the applicant applied for transfer to
the Retired Reserve or requested to be discharged.

8.  The applicant's Summary of Retirement Points shows he completed 21
years of qualifying service for retirement purposes.

9.  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.

10.  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 that the applicant was issued a 20-Year Letter and
completed 21 years of service for retirement on 5 March 2002.

2.  The applicant alleges that at the end of his career he requested to be
assigned to the USAR Control Group and was unaware that he needed to
reenlist.  He was subsequently discharged for not having a valid enlistment
and was not apprised or aware of this procedure and just merely wanted to
be retired.

3.  There is no evidence in the available records to show that the
applicant requested transfer to the Retired Reserve; however, had the
applicant been given a choice, or the opportunity, to request transfer to
the Retired Reserve, it is likely he would have done so in a timely manner.


4.  The applicant is entitled to have his discharge order revoked to, in
effect, fully qualify him for transfer to the Retired Reserve and to
qualify him to receive retired pay, on application, at age 60.

5.  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 5 March 2002, and assigning
him to the Retired Reserve effective the same date.

BOARD VOTE:

__KLW__  _DED___  _QAS___  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 5 March 2002 discharge from the USAR; and


      b.  by showing that he was transferred to the Retired Reserve
effective
5 March 2002.




                                  ___  _Kenneth L. Wright______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050005126                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060110                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20020305                                |
|DISCHARGE AUTHORITY     |AR 140-10                               |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |136                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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