MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:  12 January 2000
	DOCKET NUMBER:   AR1999025439

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Irene N. Wheelwright		Member	
	Mr. Luther L. Santiful		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 orders that discharged him from the USAR be amended to show transfer to the Retired Reserve.

APPLICANT STATES:  That a recapitulation of retirement points resulted in the issuance of his “20 year letter”.

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

He enlisted in the USAR on 14 March 1978 with over 9 years prior active duty.  He remained assigned to USAR units and was promoted to grade E-6 effective 26 March 1981.  He reenlisted in the USAR effective 21 February 1982 for 6 years.  His new expiration of term of service (ETS) was 20 February 1988.

A 16 February 1988 request for orders signed by the unit commander shows that the applicant was to be discharged from the USAR effective 20 February 1988 by reason of ETS.  On 24 March 1988 the applicant was discharged effective the same day.

There is no documentation in the available record to indicate that the applicant tried to reenlist or was denied reenlistment.  There is also nothing in the available record to indicate that the applicant requested transfer to the Retired Reserve or any other active Reserve status to preclude his discharge.

On 7 November 1998 the applicant was issued his notification of eligibility for retired pay at age 60 (20-year letter) from the Army Reserve Personnel Command (AR-PERSCOM).

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 for submitting an application 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 assignment and transfer of USAR soldiers.  It provides that a soldier must request assignment to the Retired Reserve in writing.  It also provides that the minimum age and years of service for eligibility are age 37 and a minimum of 8 years of qualifying Federal service.

On 29 October 1999, a memorandum issued by the Under Secretary of Defense, states that former members of the Reserve Components who are eligible to receive retired pay at age 60 under 10 U.S.C. Section 12731, but who have terminated their Reserve status, are entitled to receive benefits provided for under Title 10 U.S.C., Chapter 54.  Identification cards reflecting the appropriate benefits will be available at Realtime Automated Personnel Identification System sites in December 1999.

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.  Considering all the facts in this case it appears that the applicant failed to take appropriate action to remain in an active status or request transfer to the Retired Reserve in conjunction with his ETS.  Why he failed to take appropriate action is not clear or explained by the applicant.

2.  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.

3.  The applicant may contact AR-PERSCOM and request DD Form 2529 in accordance with memorandums dated 29 October 1999 and 20 December 1999 (copies enclosed) to receive the benefits provided for under Title 10 U.S.C., Chapter 54.

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

__JS___  __IW____  ___LS___  DENY APPLICATION

						Karl F. Schneider
				     Director, Army Review Boards Agency

INDEX

CASE ID	AR1999025439	
SUFFIX		
RECON		
DATE BOARDED	20000112	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	136.03	
2.		
3.		
4.		
5.		
6.