PROCEEDINGS

	IN THE CASE OF 

	BOARD DATE:  8 June 2000
	DOCKET NUMBER:   AR1999021213

	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. Carl W. S. Chun		Director	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley Powell		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Ms. Lana E. McGlynn		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 (retirement) points be corrected, that he receive official notice of retirement eligibility (20 year letter) and, in effect, that his discharge be revoked and he be transferred to the Retired Reserve.

3.  The applicant states that he received notice that he had attained maximum service in the USAR but the Army Reserve Personnel Command (AR-PERSCOM) lost his records and he did not get retired.  He has been trying to solve this problem since 1995 but without results.  He believes that his records are still lost and he provides a microfiche copy of his Official Military Personnel File (OMPF) from April 1993.

4.  The applicant’s official military records have not been located.  The case is reviewed with the applicant’s 1993 OMPF and additional documents provided by the AR-PERSCOM.

5.  He was commissioned an infantry second lieutenant in the Regular Army on 18 July 1966 with concurrent active duty.  He was separated from active duty on 15 March 1975 in the grade of captain, by reason of resignation, with concurrent USAR appointment.

6.  A retirement points summary provided by the AR-PERSCOM shows that the applicant has been credited with qualifying years for retirement from 16 March 1976 to 15 March 1993, for a total of active duty and USAR time of 25 years, 7 months, and 28 days.  It also shows retirement point data from 16 March 1993 to 15 June 1993, as 12 points for extension courses and 4 points for membership.  There is no notification of eligibility for retired pay at age 60 (20 year letter) in the available record.

7.  A memorandum from the AR-PERSCOM, dated 11 August 1995, states that he has reached his maximum service in the USAR and must be discharged or transferred to the Retired Reserve.  It shows that he must be discharged or retired by 16 August 1994, his mandatory removal date (MRD).

8.  Additional information provided by the AR-PERSCOM identified that the applicant had actually been discharged on 15 June 1993, even though his mandatory removal date was not until 16 August 1994.  No explanation for this action was available.

CONCLUSIONS:

1.  It appears that the applicant was erroneously discharged on 15 June 1993, even though his MRD was 16 August 1994 and he was not provided adequate opportunity to request transfer to the Retired Reserve.

2.  The evidence of record clearly shows that he satisfactorily participated in Reserve training and active duty throughout his military career and accumulated over 25 years of qualifying service for retirement.  If he has proof of additional years or retirement points he may provide that information to the Transition and Separations Branch of AR-PERSCOM for review and correction.

3.  Additionally, despite his over 25 years of qualifying service there is no evidence of record that he was ever issued the appropriate letter notification of eligibility for retired pay at age 60 (20 year letter) and the opportunity to make an election of option for the Survivor Benefit Plan (SBP).

4.  Because the applicant was discharged 1 year and 2 months prior to his 16 August MRD it would also be appropriate to adjust his retirement point record for the period 15 June 1993 to 16 August 1994.  His retirement year end (RYE) date of 15 June 1993 should be changed to 15 March 1994 with a total of 15 membership points and the 12 extension course points already recorded.  An additional period from 16 March 1994 to 16 August 1994 should be added with the appropriate membership points added.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case for the individual concerned be corrected by:

	a.  revoking the order that discharge him effective 15 June 1993;

	b. changing his retirement year end (RYE) date of 15 June 1993 to 15 March 1994 with a total of 15 membership points and the 12 extension course points already recorded;

	c.  adding an additional period from 16 March 1994 to 16 August 1994 with the appropriate membership points added;

	d.  issuing him a statement of notification of eligibility for retired pay at age 60 (20 year letter) with the opportunity for election of SBP options; and

	e.  transferring him to the Retired Reserve effective 17 August 1994.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__SP___  ___AO__  __LM____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__ Shirley Powell ___
		        CHAIRPERSON

INDEX

CASE ID	AR1999021213	
SUFFIX		
RECON		
DATE BOARDED	20000608	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.	136.03	
2.		
3.		
4.		
5.		
6.