RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      14 December 2006
      DOCKET NUMBER:  AR20060007076


      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. Stephanie Thompkins           |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Mr. Michael J. Flynn              |     |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, transfer to the Retired Reserve
prior to his expiration of term of service (ETS) separation.

2.  The applicant states, in effect, that his unit mistakenly transferred
him to the United States Army Reserve (USAR) Control Group when his ETS
came up in May 2002.  The system automatically separated him, but he wanted
to be placed in the Retired Reserve.

3.  The applicant provides copies of his Notification of Eligibility for
Retired Pay at Age 60 (Twenty Year Letter) and his DA Form 4651 (Request
for Reserve Component Assignment or Attachment), in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the US Army, in
pay grade E-1, effective 23 May 1978, for 3 years.  He was separated from
active duty effective 22 May 1981 and transferred to the USAR Control Group
(Reinforcement).

2.  The applicant was assigned to the 841st Engineer Battalion on an
unknown date.  He was promoted to pay grade E-6 on 26 June 2001.

3.  The applicant was issued a Notification of Eligibility for Retired Pay
at Age 60 (20-Year Letter) dated 20 May 1998.

4.  The extended his enlistment in the USAR effective 7 February 1999, for
3 years.

5.  The Commander, Company C, 841st Engineer Battalion, Perrine, Florida,
issued a DA Form 4651-R, dated 15 May 2002, reassigned the applicant to the
USAR Control Group (Reinforcement) effective 20 May 2002, due to his ETS.
The document shows the applicant was not available for signature.

6.  The applicant's Chronological Statement of Retirement Points, dated
27 October 2006, shows he had completed 24 years, 2 months, and 26 days
qualifying service for retired pay as of his retirement year ending 18 June
2002.

7.  The applicant's records do not contain his separation document and do
not show he requested transfer to the Retired Reserve.

8.  Headquarters, 81st Regional Support Command, issued orders, dated
18 June 2002, honorably discharging the applicant from the USAR with an
effective date of 18 June 2002.

9.  The applicant will reach age 60 on 31 December 2017.

10.  Army Regulation 135-178, prescribes the policies and procedures for
the separation of USAR enlisted Soldiers.  Chapter 11-1 of this regulation
specifies that on expiration of term of enlistment, reenlistment, or period
of statutorily obligated service, the Solider will be discharged by the
separation authority.

11.  Army Regulation 135-180 (ARNG and USAR Qualifying Service for Retired
Pay Nonregular Service), indicates, in pertinent part, that to be eligible
for retired pay, an individual does not need to have a military status at
the time of application for retired pay, but must have (1) attained age 60;
(2) completed a minimum of 20 years of qualifying service; and, (3) served
the last 8-years of his or her qualifying service as a Reserve Component
(RC) soldier.  The requirement to serve the last 8 years in a RC has since
been amended to the last 6 years.

12.  Army Regulation 135-180 also specifies, in part, that each Reserve
component Soldier who completes the service required to be eligible for
retired pay at age 60 will be notified in writing with a 20-year letter
within 1 year after he/she completes the service.

13.  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 applicant was qualified for transfer to the Retired Reserve in view
of his completion of over 24 years of service for Reserve retirement as of
20 May 2002. It appears that a discharge order was automatically produced
at his ETS transferring him to the Control Group effective 20 May 2002,
since he did not request transfer to the Retired Reserve.

2.  There is no evidence in the available records, and the applicant has
provided none, to show that he requested transfer to the Retired Reserve
prior to his ETS to remain in an active status; 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 prior to his ETS of 20 May 2002.

3.  The applicant meets eligibility requirements for assignment to the
Retired Reserve.  It would now be equitable and just to correct his
military records by revoking his transfer to the USAR Control Group on 20
May 2002, and assigning him to the Retired Reserve effective the same date,
with entitlement to retired pay upon his application at age 60.

4.  In view of the foregoing, the Department of the Army records should be
corrected as recommended below.

BOARD VOTE:

___MJF__  ___S___  __E_____  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
revoking his 20 May 2002 transfer to the United States Army Reserve Control
Group and showing he was transferred to the Retired Reserve effective
20 May 2002, with 24 years, 2 months, and 26 days qualifying service for
retired pay, upon his application, at age 60.




                                  ____   John Slone________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007076                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061214                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |136.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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