PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           10 March 1999                   
	DOCKET NUMBER:   AR1999022420

	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	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Fred K. McCoy		Chairperson	
	Ms. Meta Waller		Member	
	Mr. Kenneth L. Wright		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 be revoked and he be transferred to the Retired Reserve.

3.  The applicant states that he returned the necessary forms to be transferred but that he was eventually discharged.

4.  The applicant’s military records show that he was serving in the Army National Guard (ARNG) in the rank of major when he was issued a 20-year letter on 22 December 1987.  This letter notified him that he had completed the required years of service to be eligible for retired pay at age 60.  A retirement points history statement prepared on 8 February 1993 shows that he was credited with 25 years of service for retired pay.

5.  Effective 30 August 1993 he was transferred from the ARNG to the Individual Ready Reserve (IRR) in order to accept promotion to lieutenant colonel.  In a 16 July 1997 letter from the Reserve Personnel Center (ARPERCEN) the applicant was informed that he did not earn the required 50 retirement points in the previous year to stay in the IRR and he must elect transfer to the Retired Reserve or be discharged.  The applicant provides a copy of the response he states he sent back to ARPERCEN on 15 August 1997 where he elects transfer to the Retired Reserve.

6.  The discharge order is not in the available record, however, in a 9 September 1997 letter to the applicant he is informed of his discharge by the ARPERCEN and thanked for his many years of duty.

7.  Army Regulation 140-10 prescribes the policy and procedures for removal and transfer of USAR soldiers.  It provides that an officer who has accrued 20 years of qualifying service for retired pay is required to attain 50 points annually to be retained in an active status or will be removed.

CONCLUSIONS:

1.  An error occurred when the ARPERCEN did not process the applicant’s election of options form and transfer him to the Retired Reserve at his request.  It appears that he was inappropriately discharged although he was fully eligible for transfer to the Retired Reserve.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by revoking the order that discharged the applicant and transferring him to the Retired Reserve effective the same date as the discharge order.

BOARD VOTE:  

__FKM_  __MW___  __KLW___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Fred K. McCoy
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999022420	
SUFFIX		
RECON		
DATE BOARDED	19990310	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.	136.03	
6.