PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           8 September 1999                   
	DOCKET NUMBER:   AR1999026354

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Fred K. McCoy		Chairperson	
	Ms. Karen L. Wolff		Member	
	Mr. Orville W. Troesch, Jr.		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 status be changed from discharged to retired. 

3.  The applicant states that when his last enlistment expired he was discharged rather than transferred to the Retired Reserve.  ARPC Form 249-2, Chronological Statement of Retirement Points, is provided as supporting evidence.

4.  The applicant’s military records show that after having had prior service in the U. S. Air Force, he enlisted in the U. S. Army Reserve on 1 March 1973.

5.  The applicant last reenlisted on 22 January 1989 for 6 years.

6.  On 14 February 1990, the applicant was notified he was eligible for retired pay at age 60 (his 20-year letter).

7.  On 8 February 1995, apparently due to non-receipt of the applicant’s 20-year letter, his unit prepared DA Form 4651-R requesting his honorable discharge due to his expiration term of service (ETS).  He was not available to sign the form.  Orders 95-097-016 were published on 24 February 1995 discharging him from the U. S. Army Reserve effective 24 February 1995.

8.  Army Regulation 135-180 implements statutory authorities governing the granting of “retired pay” to soldiers and former Reserve components soldiers.

9.  Sections 1331 through 1337 of Title 10, U.S. Code, authorize retired pay for Reserve component military service.  Under this law, a Reserve soldier must complete a minimum of 20 qualifying years of service to be eligible for retired pay at age 60.  The term “good years” is an unofficial term used to mean years in which 50 or more retirement points are earned during each year and which count as qualifying years of service for retirement benefits at age 60.

CONCLUSIONS:

1.  The applicant actively participated in his U. S. Army Reserve assignments up until his ETS in 1995.  He had completed over 28 years of qualifying service for retired pay by that time.

2.  In processing the applicant upon his ETS, it appears his unit did not have access to his 20-year letter; therefore, the unit requested he be discharged rather than transferred to the Retired Reserve.  It appears the applicant was unavailable to make known his options/preferences.

3.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by: 
     a.  revoking orders 95-097-016 discharging the applicant from the U.S. Army Reserve; and
     b.  publishing orders assigning the applicant to the U.S. Army Reserve (Retired) effective 24 February 1995.
     
2.  The Army has an established program to counsel retiring soldiers on the rights, benefits, and privileges afforded as a result of military retirement.  Retirement Services Officers (RSO) are available at most major Army installations to provide a retirement briefing, which includes information on the Survivor Benefit Plan (SBP).  The applicant is advised to contact his nearest RSO (list enclosed ) as soon as possible to facilitate a smooth transition to retired status.

BOARD VOTE:  

__fkm___  __klw___  __owt___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Fred K. McCoy
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999026354	
SUFFIX		
RECON		
DATE BOARDED	19990908	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	135.03	
2.		
3.		
4.		
5.		
6.