PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           24 November 1999                   
	DOCKET NUMBER:   AR1999027939

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Robert G. Hinkle		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 her discharge orders be revoked and she be transferred to the Retired Reserve.

3.  The applicant states that her separation date should be adjusted to a retirement date of 30 April 1991.

4.  The applicant’s military records show that she was born on 22 September 1953.  After having had prior active duty, she enlisted in the U. S. Army Reserve (USAR) on 19 March 1978.

5.  Orders published by the U. S. Army Reserve Command discharge the applicant from the USAR effective 14 October 1992.

6.  The Retirement Points Accounting System shows the applicant completed    20 qualifying years for a Reserve retirement with retirement year ending            18 March 1993.  After that date it appears she no longer actively participated in the USAR.

7.  On 28 July 1993, the U. S. Army Reserve Personnel Center (ARPERCEN) issued the applicant her notification of eligibility for retired pay at age 60 (her   20-year letter).

8.  On 22 October 1994, ARPERCEN published orders discharging the applicant from the USAR effective 24 October 1994.  This action may have been taken as a result of her non-participation but the Army Reserve Personnel Command (successor to ARPERCEN) no longer has the files to determine when or if she was sent a non-participation letter.

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

10.  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 her Army Reserve assignments up until retirement year ending date 18 March 1993, when she completed 20 years of qualifying service for retired pay.  However, for an unknown reason the U. S. Army Reserve Command had published orders discharging her from the USAR effective 14 October 1992.
2.  The applicant failed to earn 50 or more retirement points a year beginning retirement year beginning 19 March 1993.  Presumably as a result of this non-participation ARPERCEN discharged her from the USAR.

3.  It is unknown why the applicant is requesting a retirement date of 30 April 1991 since it appears she did not have 20 qualifying years for retirement as of that date.  However, the Board concludes that she did faithfully serve for 20 qualifying years and so is entitled to retired pay at age 60.

4.  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 010-063 dated 14 October 1992, U. S. Army Reserve Command and orders D-10-488317 dated 22 October 1994, ARPERCEN 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 October 1994.
     
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.

3.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__rvo___  __rgh___  __le____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999027939	
SUFFIX		
RECON		
DATE BOARDED	19991124	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	135.03	
2.		
3.		
4.		
5.		
6.