PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:          28 January 1999  
	DOCKET NUMBER:  AC98-11877
				  AR1999016938

	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. Ed Clark .		Analyst	

  The following members, a quorum, were present:

	Mr. Luther Santiful		Chairperson	
	Mr. Robert W. Garrett		Member	
	Mr. Curtis L. Greenway		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 an award of Reserve Special Separation Pay (RSSP) or, alternately, that he be awarded qualifying points for Reserve retirement pay at age 60 for the period September 1996 to April 1998 based on an erroneous separation.  He states that he was advised that if he signed the appropriate papers prior to 30 September 1996 showing that he had 20 years of qualifying service he would be eligible for RSSP; that he then signed the appropriate papers believing that he was eligible for the RSSP; that he was subsequently denied the RSSP because the form indicated that he did not have the required 25 years of qualifying service; and that his records reflect that he did, in fact, have 25 years of qualifying service at the time; and that had he been told at the time that he was not eligible, he would not have signed the form.

3.  The applicant was serving in the Army Reserve in pay grade E-5 during the period of time in question. 

4.  A Personnel Action form, signed by the applicant on 30 September 
1996, shows the statement "According to my DARP Form 249 (Chronological Statement of Retirement Points form), and counseling by my unit, I have 
20 years of qualifying service for non-regular retired pay.  I understand that due to being involuntarily separated from the Selected Reserve for reasons other than unit inactivation, deactivation, reorganization, or relocation on or after 
5 October 1994, I must be separated.  Having reviewed addendum D-3, a copy of which is attached, I elect the following option (the applicant signed his name next to the option "Transfer to the Retired Reserve with Special Separation Pay." On the same date, the unit administrator recommended approval and signed the form presumably as the authorized representative of the unit commander.  (The aforementioned addendum describes the computations used in the RSSP and also shows 20 years of qualifying service as a requirement.) 

5.  Orders dated 17 October 1996, show that the applicant was reassigned to the Retired Reserve effective 30 September 1996 by reason of "Special Separation Pay (RSSP)."

6.  A Chronological Statement of Retirement Points form, dated 15 April 
1997, shows that the applicant began his military career in 1962; and that, as of 24 May 1996, he had 21 qualifying years of service for Reserve retired pay at age 60. 

7.  The Board has previously been advised in a similar case by the Chief, Separation and Transition Branch, ARPERSCOM, that Public Law 102-484 was implemented by the Assistant Secretary of Defense on 11 March 1993; that the program is intended to insure that Selected Reservists who are involuntarily separated during the force drawdown period are treated fairly and equitably for their service; and that a prerequisite for RSSP is that an application for transfer to the Retired Reserve be made with the understanding that any further service will only be as specifically authorized and deemed essential to national defense.

CONCLUSIONS:

1.  The evidence of record shows, as contended, that the applicant was advised that if he signed the appropriate papers prior to 30 September 1996 showing that he had 20 years of qualifying service and was willing to transfer to the Retired Reserve he would be eligible for RSSP..

2.  The applicant should not be deprived of a benefit that he was promised by the Department.

3.  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 awarding the individual concerned the amount of RSSP in effect at the time of his 30 September 1996 reassignment to the Retired Reserve.

BOARD VOTE:  

LS______  RWG____  CLG____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-11877	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1999 January 28	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	128.00	
2.		
3.		
4.		
5.		
6.