RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 November 2006
      DOCKET NUMBER:  AR20060005491


      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          |
|     |Ms. Susan A. Powers               |     |Member               |
|     |Mr. Dennis J. Phillips            |     |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 his discharge be revoked and
that he be transferred to the Retired Reserve.

2.  The applicant states, in effect, that his discharge should be revoked
and that he should be transferred to the Retired Reserve.  He was not
counseled on being discharged nor was he informed that he could be
transferred to the Retired Reserve.

3.  The applicant provides a copy of his discharge orders, a copy of his 20-
Year Letter (Notification of Eligibility for Retired Pay at Age 60), and a
copy of his statement of retirement points, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 29 September 1992, the date of his discharge.  The application
submitted in this case is dated 27 March 2006 but was received for
processing on 13 April 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 he enlisted in the U.S. Army
Reserve (USAR) on 17 February 1966, for training as a supply clerk in
military occupational specialty (MOS) 76A.  He was promoted to sergeant
first class (SFC/E-7) effective 16 April 1983.

4.  On 23 August 1986, the US 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.  On 22 September 1992, orders were published discharging the applicant
from his TPU (troop program unit), of the USAR, with an effective date of
29 September 1992, in the rank of SFC.

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

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

8.  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.

9.  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 26 years of service for retirement.

2.  The applicant contends that his discharge should be revoked and that he
should be transferred to the Retired Reserve, that he was not counseled on
being discharged, and that he was not informed that he could request that
he be transferred to the Retired Reserve.

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.

BOARD VOTE:

___J  ___  ___SP___  __DP___  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 29 September 1992 discharge from the
USAR; and


      b.  showing that he was transferred to the Retired Reserve effective
29 September 1992.




                            _____John T. Meixell__________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005491                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061128                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19920929                                |
|DISCHARGE AUTHORITY     |AR 140-10                               |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |136                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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