MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  12 January 2000
	DOCKET NUMBER:   AR1999026110

	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.

			Director	
	Ms. Lee Tinsley		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 his discharge from the South Carolina Army National Guard (SCANG) be revoked and that he be transferred to the Retired Reserve.

APPLICANT STATES:  That he was not counseled on the difference between a discharge and placement in the Retired Reserve and that he has signed nothing requesting discharge.  He also contends that he is being denied current “gray area retirement benefits” and the accrual of retirement points.

EVIDENCE OF RECORD:  The applicant’s Army National Guard Records are not available.  The case was reviewed with documentation submitted by the applicant.

The applicant’s Army Guard South Carolina (AGSC) Form 37 shows that he entered the SCANG on 20 June 1967.  He continued to serve in the SCANG, primarily as a finance senior sergeant.  He was promoted to the pay grade of MSG (E-8) effective 10 July 1983.

Effective 19 June 1988 he requested that he be placed upon the retired list of the SCANG and promoted one grade to SGM (E-9), under the provisions of Section 
25-1-590, Code of Laws of South Carolina, 1976.  On 27 June 1988, an application for discharge, AGSC Form 17, states that the soldier did not want to go to Retired Reserve but wanted to be placed on the State Retired List per his unit.

On 12 August 1987, the applicant was issued his twenty-year letter informing him that he was eligible for retirement benefits at the age of 60 from the National Guard Bureau.  Effective 19 June 1988 the applicant was discharged from the SCANG for expiration of service obligation with 21 years of qualifying service for retirement at age 60.

Army Regulation 135-91 provides the policy for service obligations and participation requirements.  It provides that soldiers who have accrued 20 years of qualifying service for retired pay must attain 50 retirement points annually to be retained in an active status or they will be processed for removal.  Accrual of retirement points is not authorized while in the Retired Reserves.

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.

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.  The cards are also available from the State headquarters in the case of a former member of the Army National Guard.

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, including the evidence of record, information received from the National Guard Bureau and that submitted by the applicant, he is not entitled to the relief he now seeks.

2.  The applicant may go back to his State Military Personnel Office and request DD Form 2529 in accordance with memorandums dated 29 October 1999 and 
20 December 1999 (copies enclosed).

3.  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.

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	AR1999026110	
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.