MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            10 June 1999                  
	DOCKET NUMBER:   AR1999024241

	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. Samuel A. Crumpler		Chairperson	
	Ms. Shirley L. Powell		Member	
	Mr. Elzey J. Arledge, 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 the period from 27 May 1976 to 9 October 1979 be declared a break in service and his mandatory removal date (MRD) be adjusted accordingly.  He has subsequently requested that his retirement year end (RYE) date be changed from 26 July to 9 October.  He submits documents from his military records and correspondence with several Army organizations in support of his application.

APPLICANT STATES:  That he should have been discharged at the completion of his obligated service because he was not a participating member.  His removal notification was in a letter dated 14 April 1976 and he did not respond to it.  His unit requested a change to his RYE but it was never acted upon.

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

He was commissioned a USAR second lieutenant from ROTC effective 27 July 1968.  He was released from active duty on 30 July 1970 and transferred to the USAR Control Group (Annual Training) as an obligated officer.  The applicant admits, and his statement of retirement points show, that he did not earn any retirement points for participation from August 1970 through October 1979.  As a ROTC officer with credit for 2 years active duty he had a remaining service obligation until the 6th anniversary of his appointment.

He was notified by a 14 April 1976 letter that as a USAR officer with less than 20 years of service he was required to earn a minimum of 27 points per retirement year or be subject to removal.  After he failed to respond to this letter it appears that he was transferred to the Control Group Standby (Inactive).  His 29 July 1976 statements of retirement points, issued and mailed to him, states that he was transferred to the Inactive Control Group.

Effective 10 October 1979 he requested assignment to a USAR unit.  The 22 October 1979 reassignment order issued by the Reserve Personnel Center shows that he was credited with service in the Standby (Inactive) from 27 May 1976 through 9 October 1979.  There is no documentation in the available record to show that he applied for reappointment as a Reserve officer, which would have been required, if he had been discharged.  His MRD was established as 25 August 1996.

The applicant continued to serve in the USAR and was promoted to major effective 7 December 1985 and to lieutenant colonel effective 6 December 1992. In August 1987 the applicant’s unit had requested a change to his RYE based on his prior membership in the Control Group Standby (Inactive).  In January 1996 he was approved for retention beyond his MRD under the provisions of Army Regulation 140-10 which provides up to 3 years additional service to complete 20 qualifying years for retirement.

On 27 August 1997 he was issued his notification of eligibility for retired pay at age 60.  Effective 1 October 1997 he was transferred to the Retired Reserve upon reaching his maximum length of service.

Army Regulation 135-175, in effect at the time, prescribed policies and procedures for the separation of reserve officers.  It provided, in pertinent part, that an officer would be removed from an active status upon completion of maximum years of service.  Removal for failure to earn sufficient retirement points was rescinded from the regulation in the May 1971 revision.

Army Regulation 140-10, in effect at the time, prescribed the policies and procedures for the assignment, removal, and transfer of Army Reserve members. It provided, in pertinent part, that a nonobligated member would be removed from an active status if they failed to earn the minimum 27 retirement points including the 15 membership points.

The regulation also describes the Control Group Standby (Inactive) as composed of members who are no longer obligated but have a military skill of possible future use to the Army but, for various reasons, are temporarily unable to participate.  A member must remain assigned to this category for a minimum of 1 year and up to a maximum of 3 years.

Army Regulation 140-185 provides for the establishment or changing of the retirement year.  The regulation in effect at the time provided for a change in the member’s RYE when returned to an active status from the inactive Reserve.

In an opinion to this Board from the Army Reserve Personnel Command (AR-PERSCOM), which has been provided to the applicant, it was noted that there is no evidence that he had a break in service that would allow an adjustment to his MRD.  The change to the applicant’s RYE is authorized and should have been administratively corrected prior to his retirement.  However, adjusting his RYE at this time serves no purpose now that he is retired.  The applicant did not respond to the advisory opinion.

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.  While the applicant states that he should have been discharged at the end of his obligated service, and he believed that he had been, the regulations also allow for retention in an inactive status when the member does not request discharge.  There is also evidence of record to show that he was informed that he had been transferred to the Inactive Control Group.

2.  It appears that in October 1979 the applicant was aware that he had not been discharged in May 1976 when he received voluntary assignment orders and did not require reappointment as a USAR officer.

3.  Notwithstanding that the applicant was entitled to an adjustment to his RYE in 1979, the Board has determined that it would serve no useful purpose to direct it at this late date since, to make the adjustment requested, provides no effective relief.  He has been transferred to the Retired Reserve, has not been denied any creditable retirement points, and has no resulting effect on his request for a break in service.

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

__sac__  __slp___  ___eja_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999024241	
SUFFIX		
RECON		
DATE BOARDED	19990610	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	113.01	
2.	136.01	
3.		
4.		
5.		
6.