RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 December 2007
      DOCKET NUMBER:  AR20070009789


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Ms. Marla J. N. Troup             |     |Member               |
|     |Mr. Thomas M. Ray                 |     |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, effect, that his 23 October 1992 discharge from
the United States Army Reserve (USAR) be voided and that he be transferred
to the Retired Reserve on that same date in lieu of being discharged.

2.  The applicant states, in effect, he was discharged with the
understanding that he had been retired as he had a 20-Year Letter showing
he had 21 good years of Reserve service.

3.  The applicant provides the following documents in support of his
application:  USAR Discharge Orders, dated 23 October 1992; Notification of
Eligibility for Retired Pay at Age 60 (20-Year Letter), dated 25 May 1992;
Honorable Discharge Certificate, dated 23 October 1992; and Chronological
Statement of Retirement Points (AHRC Form 249-2-E), dated 20 October 2006.


CONSIDERATION OF EVIDENCE:

1.  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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant’s record shows he served in various capacities in the
USAR from 20 October 1971 through 23 October 1992.  His ARPC Form 249-2-E
shows he earned 1708 creditable points and a total of 21 qualifying years
for retirement.

3.  On 25 May 1992, the United States Army Reserve Personnel Center
(ARPERCEN) published a 20 Year Letter notifying the applicant he had
completed the required years of service necessary to qualify for retired
pay at age 60.

4.  On 17 September 1992, the applicant submitted a Request for Reserve
Component Assignment/Attachment (DA Form 4651-R), in which he requested to
be discharged from the USAR.

5.  On 23 October 1992, United States Army Reserve Command (USARC),
Fort McPherson, Georgia, published Orders Number 017-022, directing the
applicant's discharge from the USAR, effective 23 October 1992.

6.  Army Regulation 140-10 (Assignments, Attachments, Details, and
Transfers) prescribes policies, responsibilities, and procedures to assign,
attach, detail, remove, or transfer USAR Soldiers.  Chapter 7 contains
guidance on removal from active status and paragraph 7-1a indicates that
soldiers removed from active status will be discharged or transferred to
the Retired Reserve upon their request if they are eligible.

7.  An Under Secretary of Defense Memorandum, dated 29 October 1999,
granted former members of the Reserve Components (RC), who are eligible to
receive retired pay at age 60, the entitlement to receive those benefits
authorized by chapter 54 of Title 10 of the United States Code, which are
normally associated with being in the Retired Reserve.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request that his USAR discharge be voided and that he
be transferred to the Retired Reserve was carefully considered.  However,
the evidence of record confirms he was discharged from the USAR in
accordance with applicable regulations based on his voluntarily request for
discharge.  There is no evidence to suggest he was denied the option of
transferring to the Retired Reserve at the time.

2.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

3.  The applicant is advised that membership in the Retired Reserve is not
required for him to receive retired pay at age 60 and even though
discharged, he remains eligible to apply for retired pay.  Further, a 29
October 1999 Under Secretary of Defense Memorandum authorized former
members of the RC, who are retirement eligible, entitlement to benefits
authorized by chapter 54 of
Title 10 of the Untied States Code.  A copy of this memorandum is enclosed
for the applicant’s information regarding the scope of his benefit
entitlement.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JNS _  __MJNT _  __TMR__  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.




                                  _____John N. Slone______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070009789                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/11/DD                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1992/10/23                              |
|DISCHARGE AUTHORITY     |AR 135-178                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  338  |136.0000                                |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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