MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:  16 December 1999
	DOCKET NUMBER:   AR1999022213

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Fred M. McCoy		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Raymond V. O’Connor, Jr.		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:  That his discharge from the USAR be revoked and that he be transferred to the Retired Reserve.

APPLICANT STATES:  That he was not contacted or counseled on the difference between a discharge and placement in the Retired Reserve.

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

The applicant entered the USAR on 29 April 1974 with 3 years prior active duty.  He continued to serve in the USAR, primarily as a recruiting and retention NCO and a career counselor.  He was promoted to grade E-9 effective 6 February 1986.

Effective 5 October 1989 he requested transfer to the Individual Ready Reserve (IRR).  He failed to have a satisfactory year for USAR participation for the period 30 April 1990 through29 April 1991.  On 12 January 1993 he reenlisted for 6 years.  He earned sufficient retirement points for satisfactory participation in 1992 and 1993.

Effective 20 February 1996 the applicant was discharged from the USAR for non-participation in training activities in 1994 and 1995.  His records indicate that he had 21 years of qualifying service for retirement at age 60.

In the processing of this case an advisory opinion was provided by the Army Reserve Personnel Command (AR-PERSCOM).  The opinion notes that the applicant visited the command in 1992 and obtained his letter of notification of eligibility for retired pay at age 60 and also was briefed on enrollment options for the survivor benefit plan.  It was also noted that the applicant was provided correspondence pertaining to his options for transfer to the Retired Reserve or discharge that was never responded to.  They recommend denial of the applicant’s request.  He was provided an opportunity to send a rebuttal to the opinion but no answer was received in the time allowed.

Army Regulation 135-91 provides the policy for service obligations and participation requirements.  It provides that soldiers who have accrued 20 years of qualifying service for retired pay must attain 50 retirement points annually to be retained in an active status or they will be processed for removal.

Army Regulation 135-180 provides the policy for the granting of retired pay to soldiers and former Reserve Component soldiers.  It states, in pertinent part, that pay is granted after completion of 20 or more years of qualifying service and upon attainment of age 60.  It states that each qualified individual is responsible to submit an applicant for retired pay (DD Form 108) 6 months prior to age 60 and that those without a current military status may obtain the form from a local Reserve Component unit or by writing AR-PERSCOM

Army Regulation 140-10 provides the policy for USAR removal and transfer.  It provides that soldiers removed from an active status will be discharged or transferred to the Retired Reserve.  Transfer to the Retired Reserve is only authorized for those eligible who request transfer in writing.

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

1.  Considering all the facts in this case, including the evidence if record and that submitted by the applicant, he is not entitled to the relief he now seeks.

2.  The applicant served over 20 years in the USAR, attained the highest NCO rank in the Army, and served in senior positions responsible for guiding fellow soldiers on USAR career choices including obtaining eligibility for retirement.  His contention that he did not understand the difference between discharge and assignment to the Retired Reserve lacks credibility.

3.  The applicant was discharged in accordance with law and regulations and there is no evidence of error or injustice in the discharge process.  He remains eligible for retired pay at age 60 and the corresponding benefits available at that time.

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

__FM___  ___SK___  ___RO__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999022213	
SUFFIX		
RECON		
DATE BOARDED	19991216	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	136.03	
2.		
3.		
4.		
5.		
6.