MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:          17 December 1998
	DOCKET NUMBER:   AC98-12038

	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. Ed Clark		Analyst	

  The following members, a quorum, were present:

	Mr. Karen L. Wolff		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Kenneth L. Wright		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 returned to a Selected Reserve unit; or that orders assigning him to the Reserve Control Group be amended to reflect assignment to the Retired Reserve and entitlement to special separation pay. 

APPLICANT STATES:  In effect, that he was not provided accurate information at the time he submitted a Personnel Action (DA Form 4187) in which he indicated that his preference at that time was to be reassigned to the Individual Ready Reserve (IRR) with continuation of applicable benefits rather than transferred to the Retired Reserve with entitlement to special separation pay.

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

On 30 March 1981, with 6 years, 2 months, and 16 days total active service, he was enlisted in the Army Reserve in pay grade E-5.  He was subsequently promoted to pay grades E-6 and E-7 on 31 May 1986 and 5 February 
1991, respectively.

During the period of time in question, he was serving as a wardmaster, in military occupational specialty 91C, practical nurse, at a general hospital at Fort Totten, New York.  

A memorandum dated 12 March 1996 addressed to the applicant and signed by the Commanding General, Headquarters, 77th Regional Support Command, Fort Totten, Flushing, New York, shows that a qualitative retention board had determined that he was not selected for retention; that Army Regulation 
135-205 provides that only the best qualified be retained in units; and that a soldier who is not selected for retention will be removed from unit participation.  The applicant was advised that not later than 20 April 1996 he would be discharged, transferred to the Control Group of the Individual Ready Reserve, or to the Retired reserve according to the option you selected by endorsement.

On 28 May 1996 the applicant signed a DA Form 4187 indicating that he had 
20 qualifying years for Reserve retirement pay at age 60; that he understood that due to his non-selection for retention that he had to be separated; and that after reading an attached addendum outlining his choices, which he also signed, indicating he understood the choices, and being counseled by his unit, he chose “Reassignment to the IRR with continuation of applicable benefits.”

A Chronological Statement of Retirement Points shows that as of 1 August 
1996, he had 21 years, 10 months and 5 days of qualifying service for Reserve retirement pay at age 60.

Orders 323-29, dated 18 November 1996 show that he was reassigned to the Retired Reserve by reason of maximum years of service, effective 31 July 1996. Those orders also show his eligibility for special separation pay.

A 6 October 1997 letter addressed to the applicant and signed by a 
77th Regional Support Command military personnel officer, shows, in effect, that the applicant’s request for special separation pay was denied based on the election that he made in his 28 May 1996 DA Form 4187; that orders erroneously showing that he had been reassigned to the Retired reserve by reason of maximum years of service had been revoked; and that new orders had been published showing that he had been assigned to the IRR.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and regulations, it is concluded:

1.  The applicant was notified on 12 March 1996 that he was not selected for retention and that he would have to choose whether to be transferred to the IRR or the Retired reserve.

2   More than 2 months later, on 28 May 1996, the applicant, a senior noncommissioned officer with more than 20 qualifying years for Reserve retirement pay at age 60; signed both a DA Form 4187 and an addendum indicating that he understood that due to his non-selection for retention that he had to be separated and that he understood his choices in the matter.  He chose to be reassigned to IRR.

3.  Although orders were initially published that erroneously indicated that he was assigned to the Retired reserve, those orders were amended to show that he was reassigned to the IRR as he had elected.

3.  While the applicant may now believe that he did not make the right choice in this matter, this does not provide a basis for revoking his informed decision at the time.

4. 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.

5.  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

__KLW___  __MHM        _KLW_  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-12038	
SUFFIX		
RECON		
DATE BOARDED	17 December 1998	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110	
2.		
3.		
4.		
5.		
6.