RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 January 2005
      DOCKET NUMBER:  AR20050006409


      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 Wright                  |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Mr. Randolph J. Fleming           |     |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 his discharge status was erroneous and he has
no knowledge of how something like this could have occurred.  He received
notification of his 20-Year Letter (Notification of Eligibility for Retired
Pay at Age 60), was released from active duty (AD), and was assigned to a
troop program unit (TPU), effective 20 March 1991.  He was released from
his TPU and was honorably discharged effective 1 May 1991.

3.  The applicant provides a copy of his 20-Year Letter, a copy of a DA
Form 4651-R (Request for Reserve Component Assignment or Attachment), a
copy of his release from AD and separation orders, a copy of his DD Form
214 (Report of Transfer or Discharge), dated 6 August 1969, and a copy of
his DA Form 2166-7 (NCO Evaluation Report).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 1 May 1991, the date of his discharge.  The application
submitted in this case is dated 21 April 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 enlisted in the U. S Army
Reserve (USAR) on 8 February 1967.  He continued to serve through a series
of continuous reenlistments.  He was promoted to master sergeant (MSG/E-8)
effective 6 October 1985.

4.  On 3 July 1989, the Army Reserve Personnel Center (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.  The applicant provides a copy of a Request for Reserve Component
Assignment or Attachment, dated 30 August 1990, which shows that he
requested transfer to the USAR Control Group (Reinforcement).

6.  The applicant provides a copy of Headquarters, US Army Training Center,
Fort Jackson Orders Number 058-802, dated 16 March 1991, which show that he
was released from AD with assignment to a TPU, effective 20 March 1991.

7.  The applicant provides a copy of his NCOER for the period February to
March 1991 as evidence of his outstanding career.

8.  The applicant provides a copy of Headquarters, 120th Army Reserve
Command Orders 146-006, dated 12 November 1991, which show that he was
voluntarily discharged effective 1 May 1991.

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

10.  The applicant's Summary of Retirement Points shows he completed 24
years of qualifying service for retirement purposes.

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 that the applicant was issued a 20 Year Letter and
completed 24 years of service for retirement on 1 May 1991.

2.  The applicant contends that his discharge was erroneous and that he had
no knowledge of how something like this could have occurred and that he
received his 20 Year Letter.  The evidence shows that the applicant
requested transfer to the USAR Control Group (Reinforcement).

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 1 May 1991, and assigning him
to the Retired Reserve effective the same date.

BOARD VOTE:

_RJF ___  _WDP___  _TMR___  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 1 May 1991 discharge from the USAR; and


      b.  by showing that he was transferred to the Retired Reserve
effective
1 May 1991.




                            __William D. Powers_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050006409                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060105                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19910501                                |
|DISCHARGE AUTHORITY     |AR 140-10                               |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |135                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

11.  An advisory opinion was provided by the Retirements and Annuities
Section,
Transitions and Separations Branch, AHRC-St. Louis, dated 9 May 2005.  The
opinion confirmed the applicant's statements concerning dates that actions
were taken by her former unit, and corrective action taken regarding her
retirement point history were verified by the RPAS (Retirement Points
Accounting System).  Her RPAS shows that corrective action was taken in
April 2004.  The entries, the opinion states, should have been made by her
former unit when she enlisted in the USAR, and annually thereafter.  The
AHRC-St. Louis published her 20-Year Letter once her RPAS properly
reflected her service time.  The AHRC-St. Louis advised her they did not
have the authority to revoke the order of the applicant's former unit and
that the applicant's former command, the 77th Regional Support Command
(RSC), should revoke the discharge order and transfer the applicant to the
Retired Reserve.


7.  The applicant was provided a copy of the favorable opinion for possible
comment prior to consideration of this case.  The applicant concurred on
8 June 2005.

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