MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            7 July 1999    
	DOCKET NUMBER:   AR1999017851

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Meta Waller		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:  In effect, that the orders placing him in the Army of the United States (AUS) retired list for the purpose of collecting retired pay for non-regular service, have the effective date changed from the date he turned age 60 to the last day of the month that he turned age 60.

APPLICANT STATES:  That he would have had over 26 years of service for pay purposes (longevity) if the latter date had been used.

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

While assigned to a USAR unit in pay grade E-8, on 23 July 1996 the applicant submitted an application for retired pay at age 60.

Based on that request, orders dated 6 November 1996 were published which retired the applicant and placed him on the retired list (AUS) effective 2 September 1996.

On 7 January 1997 orders were published by the applicant’s USAR command transferring him from his unit to the Retired Reserve due to maximum age effective 30 September 1996.

Army Regulation 140-10, paragraph 7-3, states that an enlisted soldier will be involuntarily removed from an active status (unit) on the last day of the month they turn age 60.

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

1.  Since the applicant applied for retired pay prior to turning age 60 and did not request an effective date other than the date that he reached age 60, he was properly transferred to the retired list, AUS, on 2 September 1996.

2.  To approve his request would also necessitate collecting back from him 1 month’s retired pay.

3.  It appears that the applicant has discovered after his retirement that it may have been more advantageous for him to have forgone the 1 months retired pay in order to collect retired pay at a higher rate.  However, he was of the grade and had the years of service to have been expected to have considered those aspects prior to his submitting his application for retired pay.  He received what he had requested and there is no reason at this late date to change it.

4.  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

_inw______  _jea___  __mw___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999017851	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990707	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	135.05	
2.		
3.		
4.		
5.		
6.