MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            14 July 1999   
	DOCKET NUMBER:   AR1998013095

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mr. Kenneth Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Ernest M. Willcher		Member	
	Mr. John Saputo		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  That he be transferred to the Retired Reserve.   

APPLICANT STATES:  That he did not receive adequate notification of the change in his status.  He was not notified that he had an option of being discharged or going into the active Reserve.  He had already received his 20 year letter (notification of eligibility for retired pay at age 60), and he feels it is more appropriate to be in the Retired Reserve as opposed to being discharged.   

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant’s chronological statement of retirement points, dated 22 July 1997, which he submits with his application, shows that had 21 qualifying years of service for retired pay through his retirement year ending (RYE) date of               6 June 1997.  The last year, ending on 6 June, however, was not a qualifying year of service, in that he did not earn the required 50 points.

The applicant is eligible for retired pay at age 60 as evidenced by the                   9 April 1997 notification letter that he submits with his application.

The applicant’s discharge documents are not available; nonetheless,   information he furnishes in his application and the information contained in the advisory opinion is evidence enough that he was discharged from the Army Reserve, although the date of his discharge is not known.

In the processing of this case an advisory opinion (COPY ATTACHED) was obtained from the Army Reserve Personnel Command.  That command stated that the applicant was notified that he was a nonparticipant for the retirement year ending in June 1997, and that various options were available to him.  The notification was forwarded to him at his correct address; however, he did not respond, and he was discharged.  That command recommended that the applicant’s request be denied.  A copy of the advisory opinion was furnished the applicant on 25 February 1999 for his information and possible rebuttal.  He has failed to respond. 

Army Regulation 135-91 defines Army Reserve service obligations and prescribes policies and procedures governing the various types of service obligations and participation requirements.  Paragraph 3-3.2 states in pertinent part, that a Reserve officer or warrant officer or enlisted soldier who has accrued 20 years of qualifying service for retirement pay must attain 50 retirement points annually to be retained in an active status in the Selected Reserve, Individual Ready Reserve, or Standby Reserve (Active List).  A soldier who fails to attain    50 points by the anniversary of his retirement year ending date will be processed for removal from active status per Army Regulation 135-175.

Army Regulation 135-175 provides policy, criteria, and procedures for the separation of officers of the Army Reserve.  Paragraph 4-4 states in pertinent part that members of the Army Reserve will be removed from an active status for any of a number of reasons, with or without the officer’s consent regardless of the length of service.  One of the reasons listed for removal from an active status is the failure to earn sufficient retirement points for retention.  Removal will be by discharge, transfer to the Retired Reserve (if eligible and requested by the member), or, if eligible, transfer to Control Group (Inactive).  An officer who is removed from active status for any reason [as indicated in that paragraph] will be discharged if he is eligible and fails to apply for transfer to the Retired Reserve within 30 days from the date he is advised that he is being removed from active status.   

Army Regulation 140-10, Chapter 6, provides policies and procedures for transfer to the Retired Reserve.  Paragraph 6-1 states, in pertinent part, that assignment to the Retired Reserve is authorized if a soldier has completed a total of 20 years of active or inactive service in the Armed Forces.  Eligible soldiers must request transfer. 

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  The applicant’s discharge from the Army Reserve was proper.  He did not earn 50 retirement points during the retirement year ending on 6 June 1997, and could have been removed from an active status, i.e., discharged, transferred to the Retired Reserve.  He was in fact discharged, after being offered various options, one of which was a one time waiver of the nonparticipation rule [not earning the required 50 points], and after failing to respond to the notification offering those options.     

2.  The Army Reserve Command recommended that his request be denied, and this opinion was furnished him in order to afford him the opportunity to provide a rebuttal.  The applicant also did not respond to this advisory opinion.    

3.  The applicant has offered no good reason to correct his record.  There is no error or injustice.  This Board believes that he did receive adequate notification about the change in his status and the options available to him.  His present status was caused by his own apathy.

4.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.   

5.  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 the aforementioned requirement.

6.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__sac___  ___emw__  __js____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998013095	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990714	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1. 110.00		
2. 135.03		
3.		
4.		
5.		
6.