MEMORANDUM OF CONSIDERATION

	IN THE CASE OF

	BOARD DATE:            15 March 2000                  
	DOCKET NUMBER:   AR1999022849

	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.

	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Van B. Cunningham		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 his records be corrected to reflect that he was transferred to the Individual Ready Reserve (IRR) following his 1985 separation from active duty.

APPLICANT STATES:  In effect, that his records indicated that he should have been transferred to the IRR when he was separated from active duty.  However, he notes that he was never transferred.  The applicant states that he is not seeking any “back pay” only that the Army recognize the “time [he] would have spent in [the] IRR” in order to be eligible for retired pay.

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

He initially entered active duty on 28 June 1974 and served continuously until 
9 September 1985 when he was honorably discharged for “failure to meet body fat standards.”

The 29 August 1985 endorsement which approved his administrative separation action contains a paragraph giving the approval authority the option to direct that the “service member will be discharged and (will) (will not) be transferred to the Individual Ready Reserve.”  In the applicant’s action the approval authority, a lieutenant colonel, lined through the (will not) option.  When the applicant was discharged item 9 (command to which transferred) on his DD Form 214 reflected “NA.”

Public Law 98-94 outlines the statutory service obligations incurred by individuals who enlist in any component of the U.S. military.  Effective 1 June 1984, all personnel incur an 8-year statutory obligation on initial entry into the Armed Forces.  Before 1 June 1984, all personnel incurred a 6-year statutory obligation on initial entry.

Army Regulation 635-200, which establishes the policies and procedures for the separation of enlisted soldiers states that Regular Army enlisted soldiers who have completed their statutory service obligation will be discharged.

Army Regulation 635-5, which establishes the policies and procedures for the preparation of separation documents, states that item 9 will reflect “NA” when the type of separation is “discharge” and the applicant has no further military status, is not immediately enlisting in a USAR Troop Program Unit, and is not immediately enlisting in the IRR.

Army Regulation 135-180 implements statutory authorities governing the granting of retired pay to soldiers and former Reserve component soldiers.  Paragraph 

201 of that regulation states, in pertinent part, that to be eligible for retired pay, an individual must have attained age 60, completed a minimum of 20 years of qualifying service, and served the last 8 years of his qualifying service in a Reserve component.  Paragraph 2-8 of that regulation states that a reservist must earn a minimum of 50 retirement points each retirement year to have that year credited as qualifying service.

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

1.  The evidence confirms the applicant had completed his statutory military service obligation at the time he was discharged from active duty in September 1985 and there is no evidence he immediately enlisted in any reserve component.  As such, his discharge without transfer to the IRR was appropriate in accordance with established laws and regulations.

2.  The fact that the individual approving the applicant’s administrative separation lined through the “will not” instead of the “will” line is not a basis to transfer that individual to the IRR when such an action would have been inappropriate under the circumstances.  The Board concludes that it is possible that the approving authority may not have been aware of the provisions for transferring an individual to the IRR when that individual had already completed his/her statutory service obligation.

3.  In order for the applicant to be transferred to the IRR he would have had to take action to enlist in the USAR.  There is no evidence that he took such action.

4.  Additionally, the Board notes that transfer to the IRR does not automatically entitle an individual to retired pay at age 60.  In order to receive retired pay an individual must be actively involved in the reserve program in order to earn a minimum of 50 retirement points each retirement year.

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

6.  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

___rvo__  ___mkp__  ___vbc_____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999022849	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000315	
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.	110.00	
2.		
3.		
4.		
5.		
6.