RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 August 2006
      DOCKET NUMBER:  AR20060000047


      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. Beverly A. Young              |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Shirley Powell                |     |Chairperson          |
|     |Ms. Rose Lys                      |     |Member               |
|     |Mr. John Heck                     |     |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 Department of the Army, U.S. Army Human
Resources Command Orders D-04-513836 dated 13 April 2005 be revoked and
that he be transferred to the Retired Reserve.

2.  The applicant states he served in the Army for more than 30 years and
deserves to get transferred to the Retired Reserve.

3.  The applicant provides a letter dated 16 June 2005; reassignment orders
dated 6 October 2003; his discharge orders from the U.S. Army Reserve; his
Chronological Statement of Retirement Points; the back page of an ARPC Form
3725-E (Army Reserve Status and Address Verification); his primary
retirement information; a portion of his Soldier Transaction History; and
his notification of eligibility for retired pay at age 60 (his 20-Year
Letter).

CONSIDERATION OF EVIDENCE:

1.  The applicant was born on 27 March 1951.  He served in the Regular Army
from 20 December 1971 to 3 December 1974.  On the following date, he was
transferred to the U.S. Army Reserve Control Group (Reinforcement).  He
continued to serve in the Reserve component through reenlistments.

2.  The applicant’s notification of eligibility for retired pay at age 60
is dated 28 January 1998.

3.  Headquarters, 65th U.S. Army Regional Readiness Command Orders Number
03-279-00012 dated 6 October 2003 released the applicant from his current
assignment and reassigned him to the U.S. Army Reserve Control Group
(Reinforcement) effective 6 October 2003.

4.  The applicant signed an ARPC Form 3725-E on 25 June 2004 and requested
to be discharged from the Individual Ready Reserve (IRR).  He submitted a
supporting document with the ARPC Form 3725-E and requested to be
discharged from the IRR.

5.  The applicant signed an ARPC Form 3725-E on 1 November 2004 and
indicated he requested to be discharged from the IRR.  He stated he
believed that he did not need any supporting documentation and that he
served 31 years.

6.  Department of the Army, U.S. Army Human Resources Command Orders
D-04-513836 dated 13 April 2005 discharged the applicant from the U.S. Army
Reserve on 13 April 2005.
7.  The applicant provided a statement dated 16 June 2005 requesting to be
transferred to the Retired Reserve.  He stated he was discharged from the
U.S. Army Reserve with an effective date of 13 April 2005 and requested the
order be amended to read transfer to the Retired Reserve.

8.  In the processing of this case, a staff advisory opinion was obtained
from the Supervisor, Office of Retirements and Annuities, U.S. Army Human
Resources Command, St. Louis, Missouri.  The opinion stated that the
applicant had requested in writing to be discharged.  Based on his written
request, he was discharged from the IRR effective 13 April 2005.  The
opinion stated that if the applicant had not requested discharge, he would
have received a “non-participation letter” in 2005 for failing to actively
participate at the 50 point or higher level as required by law.  The “non-
participation letter” would have advised him that he must request transfer
to the Retired Reserve, request a discharge, or request a one-time waiver
based on documented reasons that prevented his active participation.  The
opinion further stated that the applicant was entitled to retired pay and
privileges at age 60 because he had his “20-Year Letter.”  The applicant
was also entitled to a military identification card and access to military
privileges.  That office stated the applicant was in status that he
requested and recommended the applicant’s request be denied.

9.  A copy of the advisory opinion was forwarded to the applicant for
rebuttal.  The applicant stated that he had requested to be discharged from
the IRR.  However, he was sent a form that contained questions regarding if
he wanted to stay in the IRR or if he wanted to be discharged.  This form
did not mention if he wanted to be transferred to the Retired Reserve.  He
completed the section on the form requesting to be discharged and he
thought he would be automatically transferred to the Retired Reserve after
his discharge.  He stated he could not participate in the meetings of the
IRR because of personal problems and he did not have counsel.  He believed
that an injustice was done when the Office of Retirement and Annuities
adopted the unfavorable recommendation.  He served in the Army for more
than 30 years with pride and loyalty.  He stated he deserved to get
transferred to the Retired Reserve and he submitted supporting documents to
reflect the type of Soldier he was in the Army.

10.  Army Regulation 135-180 implements statutory authorities governing the
granting of "retired pay" to Soldiers and former Reserve components
Soldiers.

11.  Army Regulation 140-10 (Assignments, Attachments, Details, and
Transfers) covers policy and procedures for assigning and transferring USAR
Soldiers.  In pertinent part, it states that assignment to the Retired
Reserve is authorized in a number of circumstances but an eligible Soldier
must request transfer.

DISCUSSION AND CONCLUSIONS:

1.  The applicant received his notification of eligibility for retired pay
at age 60 on 28 January 1998.

2.  The evidence of record shows the applicant submitted written requests
to be discharged from the IRR in June 2004 and November 2004.  As a result,
orders were published which discharged him from the IRR and the U.S. Army
Reserve on 13 April 2005.

3.  Although the applicant is discharged from the IRR, at his own request,
he is entitled to a military identification card and access to military
privileges.  He remains eligible for retired pay in 5 years.  He provides
insufficient explanation of how his discharge, at his own request, is a
detriment to him.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

SP______  RL______  JH______  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




                                  Shirley Powell________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060000047                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060815                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |136.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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