PROCEEDINGS

	IN THE CASE OF:   

	BOARD DATE:            27 May 1999                  
	DOCKET NUMBER:   AR1999025802

	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. Edward Williamson		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 from the Army National Guard (ARNG) be amended to show transfer to the Retired Reserve.

3.  The applicant states in 1998 this Board corrected his records to show that he was eligible for retired pay at age 60 but did not transfer him to the Retired Reserve so that he was eligible for “Gray Area” benefits.

4.  The applicant’s military records show that he was discharged from the ARNG effective 15 December 1996 for unsatisfactory participation.  On 27 June 1997 he was issued his notification of eligibility for retired pay at age 60.  He has already made his survivor benefit plan election.  On 23 September 1998 this Board corrected his records to show that he attained eligibility for retired pay at age 60 effective 25 December 1995.

5.  Army Regulation 135-180 provides the policy of qualifying nonregular service for retired pay.  It states that to be eligible for retired pay an individual must have completed a minimum of 20 years of qualifying service and the last 8 years must have been served in a Reserve component.  The provision for having to serve the last 8 years in a Reserve component was modified by Title 10, USC, section 12731 by substituting 6 years during the period from 5 October 1994 through 30 September 1999.

6.  In a 22 March 1999 memorandum to this Board, (copy provided to the applicant) the ARNG recommended that the applicant be transferred to the Retired Reserve.  The ARNG also states that they will arrange for the appropriate State to issue the necessary orders.

CONCLUSIONS:

1.  The applicant met all requirements for eligibility for retired pay at age 60 effective 25 December 1995.  However he was discharged by the ARNG effective 15 December 1996.

2.  This Board has corrected his records to show that he is eligible for retired pay at age 60 but did not affect a change in his discharge status.  The ARNG recommends that the applicant be transferred to the Retired Reserve effective 15 December 1996 in lieu of discharge and has agreed to amend/revoke the necessary orders.

3.  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 amending or revoking the discharge orders of the individual concerned to show that he was transferred to the Retired Reserve effective 15 December 1996.

BOARD VOTE:  

___ew__  __mw__  __klw_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Edward Williamson
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999025802	
SUFFIX		
RECON		
DATE BOARDED	19990527	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	136.03	
2.		
3.		
4.		
5.		
6.