RECORD OF PROCEEDINGS


           IN THE CASE OF:

      BOARD DATE:            02 MAY 2006
      DOCKET NUMBER:   AR20050010366


      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. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Ms. Sherry Stone                  |     |Member               |
|     |Mr. Randolph 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 from the United States Army
Reserve (USAR) be voided and that he instead be transferred to the Retired
Reserve.

2.  The applicant states, in effect, that he was held past his expiration
of term of service (ETS) and involuntarily extended during Operation Iraqi
Freedom and his subsequent medical processing.  When it was completed he
was discharged instead of being transferred to the Retired Reserve.

3.  The applicant provides a copy of his Report of Separation (DD Form
214), a copy of his Chronological Statement of Retirement Points, and his
discharge orders.

CONSIDERATION OF EVIDENCE:

1.  He enlisted in the USAR under the delayed entry program on 15 June 1981
and on 4 March 1984, he enlisted in the Regular Army.  He served on active
duty until he was honorably released from active duty on 3 March 1986 and
was transferred to the USAR.

2.  He remained in the USAR through a series of continuous reenlistments
and was promoted to the pay grade of E-5 on 5 December 1990.

3.  He was ordered to active duty on 9 October 2001 and on 13 March 2002,
the Army Reserve Personnel Center (ARPERCEN) notified the applicant (20-
year letter) that he had completed the required years of service to be
eligible for Retired pay at age 60.

4.  On 14 June 2002, the applicant was honorably released from active duty
due to completion of required service.  On 14 November 2003, he was
honorably discharged from the USAR.  His discharge orders indicate that he
was held beyond his normal discharge date through no fault of his own.

5.  Army Regulation 140-10, in effect at the time, set forth the basic
authority for the assignment, attachment, detail, and transfer of USAR
soldiers.  Chapter 7 of that regulation relates to the removal of soldiers
from 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.

6.  Army Regulation 135-178, in effect at the time, established the
policies, standards, and procedures governing the administrative procedures
governing the administrative separation of enlisted soldiers from the
Reserve Components. Paragraph 1-30 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 a manifest error or
fraud.  After the effective date of discharge, orders could be amended by
the separation authority only to correct manifest errors such as the wrong
character of service or correct administrative errors such as errors
concerning rank, social security number, or misspelled name.

DISCUSSION AND CONCLUSIONS:

1.  In the absence of evidence to the contrary, it must be presumed that
the applicant’s discharge was accomplished in accordance with law and
regulations applicable at the time.

2.  However, it appears that he was not afforded the opportunity to be
transferred to the Retired Reserve.  It is also reasonable to presume that
given his qualifying years of creditable service for retired pay purposes,
had he been afforded the opportunity prior to discharge, he would have
elected to be transferred to the Retired Reserve.

3.  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 voiding his discharge of 14 November 2003 and assigning
him to the Retired Reserve effective the same date.

4.  In view of the foregoing, the applicant’s records should be corrected
as recommended below.

BOARD VOTE:

___WP__  ___SS __  ___RF___  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.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
voiding his 14 November 2003 discharge from the USAR and by transferring
him to the Retired Reserve effective the same date.




                                  ______William Powers______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050010366                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060502                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |20031114                                |
|DISCHARGE AUTHORITY     |AR135-178 . . . . .                     |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |333/trans ret res                       |
|1.135.0100              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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