PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           2 February 2000                   
	DOCKET NUMBER:   AR1999027709

	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.  

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Lester Echols		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, in effect, that his discharge orders be revoked and he be transferred to the Retired Reserve.

3.  The applicant states that he was discharged from the U. S. Army Reserve (USAR) Control Group (Reinforcement) without any chance to request transfer to the USAR Control Group (Retired Reserve).  He never received any notification of this action.

4.  The applicant’s military records show that he was born on 11 July 1940.  After having had prior active duty and service in the USAR, he enlisted in the Army National Guard on 2 July 1961.  He received his notification of eligibility for retired pay at age 60 (his 20-year letter) in 1983.

5.  On 30 April 1985, the applicant was notified that he was not selected for retention and would be removed from unit participation.  He would be discharged, transferred to the Control Group (Reinforcement) or to the Retired Reserve according to the option he selected by endorsement.  The endorsement showing which option he selected is not available.

6.  On 30 June 1985, the applicant was discharged from the Army National Guard and transferred to the USAR Control Group (Reinforcement).  On           26 December 1985, he was discharged from the USAR.

7.  In 1991, the applicant wrote the Army Reserve Personnel Center (ARPERCEN) and stated he had not received any discharge orders and requested he be transferred to the Retired Reserve.  ARPERCEN responded by providing him a copy of his discharge orders, stating that a properly issued discharge once constructively delivered to an individual may not be revoked, and recommending he apply to the Board to have his discharge orders revoked.

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. 

CONCLUSIONS:

1.  The applicant actively participated in his Army National Guard assignments up until 1985, when he completed over 26 years of qualifying service for retired pay.

2.  The Board cannot determine at this point in time and from the available evidence of record how the applicant responded to his options letter or even if he received the options letter.  However, he did serve in a reserve component in good faith for over 20 qualifying years and so the Board concludes it would be an injustice not to assign him to the Retired Reserve and thereby become eligible to receive retired pay at age 60.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by:
     a.  revoking orders D-12-076132, U. S. Army Reserve Personnel Center dated 26 December 1985 discharging the applicant from the U.S. Army Reserve; and
     b.  publishing orders assigning the applicant to the U.S. Army Reserve (Retired) effective 26 December 1985.

BOARD VOTE:  

__cmf___  __jea___  __le____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Calvin M. Fowler
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999027709	
SUFFIX		
RECON		
DATE BOARDED	20000202	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	135.03	
2.		
3.		
4.		
5.		
6.