SUPPLEMENTAL RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 JANUARY 2006
      DOCKET NUMBER:  AR20060000450


      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.  A quorum was present during the
further consideration and deliberation.  The findings appearing in
proceedings dated
25 August 2005 were affirmed.  The following additional findings,
conclusions, and recommendations were adopted by the Board.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |

      The Board convened at the call of the Director on the above date to
reconsider the conclusions and recommendation appearing in proceedings
dated 25 August 2005.

|     |Ms. Shirley Powell                |     |Chairperson          |
|     |Mr. Chester Damian                |     |Member               |
|     |Ms. Karmin Jenkins                |     |Member               |

      The Board considered the following additional evidence:

      Exhibit C – (show the identifying data for the original Record of
Proceedings)











CONSIDERATION OF ADDITIONAL EVIDENCE:

10.  On 11 January 2006 new information was received from United States
Army Human Resources Agency-St. Louis in regard to the decision of the Army
Board for Correction of Military Records (ABCMR) in Docket Number
AR20040009719, dated 25 August 2005.

11.  The evidence submitted consists of information indicating that by
voiding the applicant's 2004 separation document and Orders 261-0009, dated

17 September 2004, issued at Fort Bliss, Texas the applicant is denied
credit for his 8 months and 9 days of active service while undergoing his
disability processing and leaves him in limbo rather than correcting the
error and injustice done him by failing to REFRAD (release from active
duty) him and subsequently not transferring him to the Retire Reserve.

12.  Title 10, US Code, section 12731b, provides for the separation
processing of Selected Reserve Soldiers without disability benefits that
have between 15 and 20 years of qualifying service for Reserve retirement.
Selected Reserve Soldiers with a disability disposition of "separation
without disability benefits" due to a pre-existing condition and who have
between 15 and 20 years of creditable qualifying service for Reserve
retirement will be issued a 15 or 20 year eligibility letter for retired
pay at age 60 and a Department of Defense Form 1883 (Survivor Benefit Plan
Election Certificate).  Once the Soldier has been issued the 15 or 20 year
retirement memorandum, the Soldier will be REFAD and transferred to the
Retired Reserve using Order Format 523.

13.  The information available to the Board indicates that the applicant
was not issued his 15 or 20 year eligibility letter for retired pay at age
60 prior to his separation from active duty and hence he was discharged
rather than being REFRAD.

14.  Orders 261-0009, dated 17 September 2004, issued at Fort Bliss, Texas
reassigned the applicant from his Reserve unit at Fort Bliss to the Army
transition point for transition processing and after processing discharged
him.  The format utilized to accomplish this action was Format 501
(Reassignment for separation processing and discharge from all status).





15.  Army Regulation 600-8-105 establishes the various formats for the
issuance of military orders.  It states that Format 526 will be utilized to
reassign Soldiers for separation processing, REFRAD, and assignment to
nonactive duty in an Army National Guard or United States Army Reserve
status.  It states that Format 523 will be utilized to REFRAD a Soldier and
assign him or her to a nonactive duty Army National Guard or United States
Army Reserve status.

ADDITIONAL DISCUSSION AND CONCLUSIONS:

7.  At the time of the decision of the ABCMR in Docket Number
AR20040009719, dated 25 August 2005, it was the intent of the ABCMR to make
the applicant’s record as administratively correct as it should properly
have been at the time.

8.  The ABCMR's decision in Docket Number AR20040009719 failed to take into
account that by voiding his 2004 separation document rather than merely
making corrections to that document failed to achieve the relief desired in
this case which was simply to ensure that the applicant received a 15 year
retirement letter for retired pay at age 60 and that he be transferred to
the Retired Reserve.

9.  To that end, the original Board should have concluded that the
applicant's records be corrected to show that he was issued a 15 year
retirement letter for retired pay at age 60 on 17 September 2004 and
executed a Department of Defense Form 1883 that same date.

10.  The Board should also have concluded that it would be appropriate, and
in the interest of justice and equity, to correct the applicant's September
2004 separation document to show that he was transferred to the Retired
Reserve in item 9 (command to which transferred) rather than "NA" and that
item 23 (type of separation) be corrected to show REFRAD vice Discharge.

11.  The revocation of Orders 261-0009 dated 17 September 2004 was
appropriate and remains a valid conclusion by the original Board.  However,
that Board should have taken the additional step to show that an order was
issued utilizing Format 526 to reassign the applicant for separation
processing and that an order utilizing Form 523 was issued to REFRAD the
applicant effective
17 September 2004 and assign him to the Retired Reserve.






BOARD VOTE:

__SP ___  __CD ___  __KJ____  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
amendment of the decision of the Army Board for Correction of Military
Records set forth in Docket Number AR20040009719, dated 25 August 2005, to
show:

      a.  the individual concerned was issued a 15 year retirement letter
for retired pay at age 60 on 17 September 2004 and executed a Department of
Defense Form 1883 that same date,

      b.  that rather than voiding his 17 September 2004 separation document
that the document be corrected to show he was transferred to the Retired
Reserve in item 9 (command to which transferred) rather than "NA" and that
item 23 (type of separation) be corrected to show REFRAD vice Discharge;


      c.  that an order was issued utilizing Format 526 to reassign the
applicant for separation processing and that an order utilizing Format 523
was issued to REFRAD the applicant effective 17 September 2004 and assign
him to the Retired Reserve; and


      d.  that the recommendation by the original Board to revoke Orders 261-
0009, dated 17 September 2004 remains a valid action.




                                  _____Shirley Powell_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000450                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060118                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |108.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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