RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 October 2006
      DOCKET NUMBER:  AR20060003436


      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. John T. Meixell               |     |Chairperson          |
|     |Mr. Peter B. Fisher               |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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, in effect, that her discharge be revoked and
that she be transferred to the Retired Reserve.

2.  The applicant states, in effect, that her discharge should be revoked
and that she should be transferred to the Retired Reserve without having to
go through a recruiter to reenlist for a year.

3.  The applicant provides a copy of her discharge orders, a copy of her 20-
Year Letter (Notification of Eligibility for Retired Pay at Age 60), a copy
of her DA Form 4651-R (Request for Reserve Component Assignment or
Attachment), and several letters in support of her request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 24 May 2000, the date of her discharge.  The application
submitted in this case is dated 18 February 2006, but was not received for
processing until 8 March 2006.

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 she enlisted in the U.S. Army
Reserve (USAR) on 21 July 1984, as a personnel administrative specialist in
military occupational specialty (MOS) 71L, in pay grade E-4, with prior
Regular Army service.  She was promoted to sergeant first class (SFC/E-7)
effective 1 March 1994.

4.  The applicant’s records contain a copy of her last reenlistment which
shows that she reenlisted on 25 April 1994, for 6 years, with an
established expiration of term of service (ETS) of 24 April 2000.




5.  On 3 December 1998, the US Army Reserve Personnel Command (AR-PERSCOM)-
St. Louis notified the applicant that she had completed the required years
of service to be eligible for retired pay, on application, at age 60 (20-
Year Letter).

6.  On 9 April 2000, the applicant submitted a request for discharge, DA
Form 4651-R, from her troop program unit (TPU).

7.  On 24 May 2000, orders were published releasing the applicant from her
TPU and discharging her from the USAR Control Group, due to her ETS, with
an effective date of 24 May 2000, in the rank of SFC.  Her orders indicated
that she was held beyond her normal ETS through no fault of her own.

8.  On 30 January 2002, the Director, Enlisted Personnel Management,
   AR-PERSCOM, replied to the applicant's inquiry concerning her
reenlistment in the USAR.  Her request to reenlist was denied.  Officials
informed her that she had signed a request for discharge and under current
circumstances she would best be served by a USAR recruiter.

9.  On 17 June 2002, the applicant submitted a request to the Director,
Enlisted Personnel Management, AR-PERSCOM.  She informed officials that she
had requested to be put in the IRR (Individual Ready Reserve) several
months prior.  In January 2002, she received a letter denying her
reenlistment in the Army Reserve; therefore, she requested that she be put
on retirement status.  In her reply, she provided a copy of her 20-Year
Letter, a letter she previously received from their office, and a DA Form
4651-R.

10.  On 17 October 2002, the applicant was notified by the 88th Regional
Support Team, AR-PERSCOM-St. Louis, in response to her request to be
transferred to the retired reserve that the command could not produce the
original order to show she was discharged.  If her order was published by
another command, she would have to go through that command to have her
orders changed.

11.  On 22 October 2002, the applicant submitted a letter to her former
command. She informed them that she had submitted a letter to the Enlisted
Personnel Management, AR-PERSCOM, about her enlistment in the IRR.  She
inquired about her retired status and was informed that she needed to go
through her command to have her status changed.

12.  The applicant's Summary of Retirement Points shows she completed
21 years of qualifying service for retirement purposes. 
13.  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 errors
such as the wrong character of service or to correct administrative errors
such as rank, social security number, or misspelled name.

14.  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.

2.  The applicant contends that her discharge should be revoked and that
she should be transferred to the Retired Reserve, without having to go
through a recruiter to reenlist for a year.

3.  The applicant requested that she be released from her TPU and
discharged.  She was provided orders on 24 May 2000 discharging her from
the USAR in accordance with Army Regulation 135-178, due to her ETS.

4.  At the time of her request for discharge, the applicant was afforded
the option to request transfer to the Retired Reserve based on her 20-Years
Letter and completion of more than 20 years of service with no derogatory
information.  She selected to be discharged.

5.  The applicant requested that she, in effect, be transferred to the
Retired Reserve.  AR-PERSCOM responded that since they were unable to
produce the original order to show she was discharged she would have to go
through the command which published them to have the orders changed.

6.  At this time it would be equitable to transfer the applicant to the
Retired Reserve effective 24 May 2000 and revoke her discharge.  Based upon
this change, the applicant will become a mobilization asset until age 60.
7.  The applicant's records revealed no derogatory information.

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

BOARD VOTE:

____J___  __PF ___  ___RCH_  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 by:

      a.  revoking the applicant's 24 May 2000 discharge from the USAR; and


      b.  showing that she was transferred to the Retired Reserve effective
24 May 2000.




                                  _____John T. Meixell_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003436                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061017                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20000524                                |
|DISCHARGE AUTHORITY     |AR 140-10                               |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |135                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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