PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            24 March 199
	DOCKET NUMBER:    AR1998012975

	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. Loren G. Harrell		Director	
	Mr. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Allen L. Raub		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his discharge from the USAR be voided and that he be allowed to complete 20 years of creditable service for retired pay.

3.  The applicant states, in effect, that he has continuously tried to update his retirement points to no avail.

4.  The applicant’s military records show that on 25 July 1994 he was notified that he had been considered for promotion to lieutenant colonel for a second time and had not been selected.  In that notification he was told he would be separated due to his not being selected for promotion and was provided his separation options.  He elected continuance in an active status based on his having over 18 years of creditable service.

5.  At that time his records did not depict his having 18 years of creditable service.  As such he was honorably discharged on orders dated 12 April 1995, effective 28 February 1995.

6.  Army Regulation 140-10, Assignments, Attachments, Details, and Transfers, paragraph 7-2, requires the removal of officers in the rank of lieutenant colonel and below 30 days after their 53rd birthday if age 25 or older at initial appointment.  Paragraph 7-12 of this regulation mandates that officers who have 18 years of qualifying service will be retained to complete 20 years of service (commonly known as an 
“18-year lockin”).

7.  In the processing of this case the Total Army Personnel Command, Reserve Components (PERSCOM-RC) recalculated the applicant’s retirement points and determined that he had accumulated 18 creditable years of service effective on his reenlistment year ending (RYE) date of 6 September 1994.  Based on that recalculation the Army Reserve Command revoked its order discharging the applicant on orders dated 18 September 1997.  In a written advisory opinion to the Board the PERSCOM-RC stated that the applicant should have been retained in an active status due to his 18-year lockin.  With that lockin he should have been given until his maximum retention date in February 1998 to achieve 20 qualifying years of service for retired pay.  The PERSCOM-RC recommends that since the applicant has now exceeded his maximum retention date, the Board grant the applicant credit for a qualifying year of service for his RYE 6 September 1996, that he be issued a 20-year letter certifying his eligibility for retired pay at age 60, and that he be given the opportunity to transfer to the Retired Reserve.  The applicant was provided the advisory opinion for comment and responded that he agreed with the PERSCOM-RC’s recommendation to the Board.

CONCLUSIONS:

1.  Due to the applicant’s retirement points not being updated, he did not qualify for retention after his second failure to be promoted to lieutenant colonel.

2.  However, recalculation of his retirement points clearly establish that he did in fact have over 18 years of creditable service and should have been retained in an active status to achieve 20 qualifying years of service and, therefore, retirement eligibility.

3.  The Board concurs with the PERSCOM-RC in the actions required to correct the applicant’s records.  He has already been reinstated to an active status by virtue of his discharge being revoked.  As such, his original request to the Board has been overcome by events.  However, the applicant did not have sufficient time after that revocation to achieve retirement eligibility prior to his mandatory removal date.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by:

	a.  showing that the individual concerned earned 50 retirement points for his RYE 6 September 1996;

	b.  showing that his RYE 6 September 1996 was qualifying for retired pay;

	c.  counseling him on his Survivor Benefit Plan options and having him make an appropriate election;

	d.  issuing to him a 20-year letter certifying his eligibility for retired pay at age 60; and

	e.  with his consent he be transferred to the Retired Reserve.

BOARD VOTE:  

_JEV___  __RWA__  _ALR____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_James E. Vick______
		        CHAIRPERSON

INDEX

CASE ID	AR1998012975	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990324	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.	135.02	
2.		
3.		
4.		
5.		
6.