PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:                              
	DOCKET NUMBER:   AC9811525

	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	
	M .		Analyst	

  The following members, a quorum, were present:

	Mr. 		Chairperson	
	Mr. 		Member	
	Mr. 		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.  He states that the notification of mandatory removal with the option to transfer to the Retired Reserve was mailed to the wrong address.

3.  The applicant was born on 20 June 1943.  He was commissioned a second lieutenant in the U. S. Army Reserve on 29 July 1966.  He entered active duty on 11 August 1966.  On 10 August 1969 he was released from active duty but continued to actively participate in the U. S. Army Reserve.

4.  On 26 April 1988, the applicant was notified that he was eligible for retired pay at age 60.  

5.  Apparently, sometime in 1996 the applicant was notified of his                    non-participation in the U.S. Army Reserve (failure to earn 50 points each retirement year after receiving notification of completion of 20 or more qualifying years of service for retirement) and given the option of requesting transfer to the Retired Reserve or discharge.  (This notification letter is not available).  The notification letter was apparently sent to an old address in Michigan; the applicant resided in Virginia.  No reply was received, so on 22 October 1996 discharge orders were issued.  

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

7.  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.

CONCLUSIONS:

1.  The applicant actively participated in the Army Reserve and earned at least 20 years of qualifying service, making him eligible to receive retired pay at age 60.

2.  The applicant apparently failed to earn 50 or more retirement points a year at some point and he was sent a non-participation letter sometime in 1996.  He failed to reply to the letter because it was sent to an incorrect address.

3.  Based on that lack of reply, the applicant was discharged from the U.S. Army Reserve.  

4.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:  

1.  That all of the Department of the Army records related to this case be corrected:
     a.  by revoking orders D-10-689827 discharging the applicant from the U.S. Army Reserve; and
     b.  by publishing orders assigning the applicant to the U.S. Army Reserve (Retired) effective 22 October 1996.
     
2.  The Army has an established program to counsel retiring soldiers on the rights, benefits, and privileges afforded as a result of military retirement.  Retirement Services Officers (RSO) are available at most major Army installations to provide a retirement briefing, which includes information on the Survivor Benefit Plan (SBP).  The applicant is advised to contact his nearest RSO (list enclosed ) as soon as possible to facilitate a smooth transition to retired status.

BOARD VOTE:

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION

                                                                                                                
					              CHAIRPERSON