PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           8 April 1999                   
	DOCKET NUMBER:   AR1998012472

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Jennifer L. Prater 		Member	
	Ms. Barbara J. Ellis		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 orders be revoked and he be transferred to the Retired Reserve.  

3.  The applicant states that his notification of nonparticipation was delayed because it was sent to the wrong address.  The Army Reserve Personnel Center (ARPERCEN) told him it was his responsibility to keep them informed of any address changes, but they had his correct address when they sent him his 20-year letter 18 months earlier.

4.  The applicant was born on 2 August 1949.  After having had prior service in the U. S. Marine Corps, the U. S. Army National Guard, and the U. S. Marine Corps Reserve, he enlisted in the U. S. Army Reserve on 11 January 1985 and served there until he was discharged.  

5.  On 10 January 1994, ARPERCEN sent the applicant his 20-year letter, stating he met the requirement for Reserve retirement at age 60.

6.  On 1 July 1996, ARPERCEN sent the application a nonparticipation letter.  He was given a suspense of 1 August 1996 to request discharge, transfer to the Retired Reserve, or one of several other options.  It was sent to the same street address as the 20-year letter but a different city.  The applicant completed the election of options form, requesting transfer to the Retired Reserve, on 1 August 1996.  It apparently arrived at ARPERCEN after that date, so he was discharged effective 15 August 1996.

7.  Army Regulation 135-180 implements statutory authorities governing the granting of “retired pay” to soldiers and former Reserve components soldiers.

8.  Sections 1331 through 1337 of Title 10, U.S. Code, authorize retired pay for Reserve component military service.  Under this law, a Reserve soldier must complete a minimum of 20 qualifying years of service to be eligible for retired pay at age 60.  The term “good years” is an unofficial term used to mean years in which 50 or more retirement points are earned during each year and which count as qualifying years of service for retirement benefits at age 60.

9.  In the processing of this case, an advisory opinion was obtained from the Army Reserve Personnel Command (formerly ARPERCEN), Transition and Separations Branch.  That office noted that that there was a possibility that the applicant did not receive the non-participation letter in time to respond by the suspense date due to a slight technicality in his mailing address, but that they do not have the authority to revoke valid discharge orders to assign a soldier to the Retired Reserve.  They recommended that the Board give them the authority to revoke Discharge Orders Number D-08-668498 and assign the applicant to the Retired Reserve as requested.

10.  The applicant was provided a copy of this opinion for his comment/rebuttal.
CONCLUSIONS:

1.  The applicant actively participated in his Army Reserve assignments and received his 20-year letter in 1994.

2.  On 1 July 1996, the applicant was sent a non-participation letter and was requested to complete the election of options and return it to ARPERCEN by            1 August 1996.  Due to the letter being sent to a slightly incorrect mailing address, (although ARPERCEN did have his correct address when they sent him his 20-year letter), he did not receive the letter in time to complete his election to transfer to the Retired Reserve and return it to ARPERCEN by the suspense date.  Therefore, ARPERCEN published orders discharging the applicant from the U. S. Army Reserve.

3.  In view of the foregoing and in accordance with the advisory opinion, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by:
    a.  by revoking orders D-08-668498 discharging the applicant from the U.S. Army Reserve; and
     b.  publishing orders assigning the applicant to the U.S. Army Reserve (Retired) effective 15 August 1996.

BOARD VOTE:  

__GDP___  __JLP__  __BJE__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		George D. Paxson
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1998012472	
SUFFIX		
RECON		
DATE BOARDED	19990408	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	135.03	
2.		
3.		
4.		
5.		
6.