PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           14 July 1999                   
	DOCKET NUMBER:   AR1998012636

	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. Samuel A. Crumpler		Chairperson	
	Mr. Ernest M. Willcher		Member	
	Mr. John Saputo		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 records be corrected to show he was retained in the active Reserve until January 1997 and that he be awarded all due retirement points and back drill pay.

3.  The applicant states that he was erroneously processed out for maximum years of service (25 years) on 30 September 1996 when he had only 24 years, 8 months and 12 days on that date.  He feels he is entitled to the retirement points and pay for the drill dates that he missed.  

4.  The applicant’s military records show that he initially enlisted in the Regular Army on 24 January 1968, was released from active duty and transferred to the U. S. Army Reserve, had a break in service, enlisted in the Army National Guard on 19 January 1978, and reenlisted in the U. S. Army Reserve on 6 March 1990. He attained the rank of Staff Sergeant, E-6.

5.  On 30 September 1996, the applicant was removed from an active status and reassigned to the Individual Ready Reserve (IRR) based upon completion of his maximum length of service (25 years).  An amendment to his reassignment orders adds the additional instruction “soldier is eligible for special separation pay...”  

6.  Army Regulation 140-10 prescribes policy and procedures for assigning, attaching, removing and transferring U. S. Army Reserve soldiers.  In pertinent part, it states that a U. S. Army Reserve Troop Program Unit (TPU) soldier in the grade of Staff Sergeant and below will be removed from an active status upon completion of 25 years of service.  

7.  In the processing of this case, an advisory opinion was obtained from the Army Reserve Personnel Command (AR-PERSCOM).  AR-PERSCOM recomputed the applicant’s service and determined that as of 30 September 1996 the applicant had only 24 years, 8 months and 3 days of service for pay purposes.  (He did not have 25 years of service for pay purposes until               27 January 1997.)  AR-PERSCOM has also verified that because he did not have 25 years of service on 30 September 1996, his application for TAMP benefits (special separation pay) was returned without action.  

8.  A copy of the advisory opinion was provided to the applicant for comment.  He did not respond within the given time frame.  

9.  The U. S. Army Reserve Command has verified that the applicant’s unit   drilled on 18 – 19 October, 15 – 16 November and 13 – 14 December 1996 and  10 – 11 January 1997.

CONCLUSIONS:

1.  The Board concludes that a government error occurred in this case.  

2.  The applicant was erroneously transferred to the IRR effective 30 September 1996 for completion of the maximum length of service when he did not actually attain 25 years of service until 27 January 1997.  Had he not been erroneously transferred, the Board concludes he would have drilled with his unit in October, November and December 1996 and in January 1997.

3.  In view of the foregoing, 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.  revoking orders A-271-3, Headquarters, 91st Division (Exercise) dated     27 September 1996 assigning the applicant to the IRR effective 30 September 1996 and orders 289-21, Headquarters, 91st Division (Exercise) dated              15 October 1996 amending those orders;

     b.  issuing orders assigning the applicant to the IRR effective 27 January 1997 for maximum length of service; 

     c.  showing the applicant performed drill with his unit on 18 – 19 October,     15 – 16 November, and 13 – 14 December 1996 and 10 – 11 January 1997; and

     d.  paying the applicant all pay and allowances and awarding him all retirement points due as a result of the above corrections.

BOARD VOTE:  

__sac___  __emw___  __js____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Samuel A. Crumpler
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1998012636	
SUFFIX		
RECON		
DATE BOARDED	19990714	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	135.02	
2.		
3.		
4.		
5.		
6.