MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:  5 April 2000
	DOCKET NUMBER:   AR1999028250

	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.

	Mr. Theodore G. Heartley		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Stanley Kelley		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:  In effect, that his military records be corrected by voiding his discharge from the USAR and transferring him to the Retired Reserve.

APPLICANT STATES:  In effect, that during the processing of his application for retired pay on 7 April 1999, he was told that he was classified as a discharged Reservist instead of a Retired Reservist from December 1995.  He further states that he was not aware that he had to make a written request for transfer to the Retired Reserve; that he did not see nor sign any documents pertaining to his discharge from the USAR; that he received an identification card and letter stating that he was in a Retired Reserve status; and that he now requests that his USAR discharge be rescinded and that he be transferred to the Retired Reserve retroactively to December 1995.

EVIDENCE OF RECORD:  The applicant's military records show:

He was born on 8 April 1939 and entered the USAR on 11 October 1956.  He continued to serve in the USAR in the food service career management field.  On 27 January 1977, he was notified of his eligibility for retired pay at age 
60 (20-year letter).  

On 25 February 1979, he reenlisted in the USAR for a period of 6 years.  On 23 April 1979, he was promoted to the highest enlisted rank of sergeant major (SGM E-9).  On 11 January 1983, he was notified that he was not selected for qualitative retention and would be removed from active status in Troop Unit Programs in accordance with Army Regulation 135-205.  The notice further stated that he could submit an appeal to the qualitative retention board findings within 30 days of his receipt of the notice for which he did however, official disposition was not available in his records.  

On 27 November 1984, he was notified that he had not replied to a prior request for his decision to elect reenlistment, transfer to the Retired Reserve, or discharge from the USAR.  The letter further stated that according to governing regulations, when an enlisted member reached eligibility for transfer to the Retired Reserve and failed to elect an option within a specified period of time, administrative discharge would occur.  On 27 September 1985, his 6-year reenlist on 25 February 1979 was extended for 1 year. 

His Retirement Points Accounting System (RPAS) documents show that he earned 15 membership points beginning with his retirement year ending (RYE) 10 October 1985 and each RYE thereafter until 10 October 1995.  He earned 
3 points from 11 October to 11 December 1995.  There was nothing in his 

records to explain why he did not attain at least 50 retirement points to qualify for retention in an active Reserve status.  On 12 December 1995, he was discharged from the USAR by USAR Personnel Center order D-12-513725 dated 12 December 1995, under the authority of AR 135-178.

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.

Army Regulation 140-10 provides the policy for USAR removal and transfer.  It provides that soldiers removed from an active status will be discharged or transferred to the Retired Reserve.  Transfer to the Retired Reserve is only authorized for those eligible who request transfer in writing.  There was nothing in his records to indicate that he requested transfer to the Retired Reserve at any time after he became eligible.

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 USC, Section 12731, but who have terminated their Reserve status, are entitled to receive benefits provided for under Title 10 USC, Chapter 54.  Identification cards reflecting the appropriate benefits will be available at Realtime Automated Personnel Identification System sites in December 1999.

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.  The applicant’s request is not warranted when the evidence of record and evidence submitted by him is considered.

2.  He served over 39 years in the USAR.  His contention that he did not understand that he had to request transfer to the Retired Reserve in writing lacks credibility.  It appears that he is now receiving retired pay, is now a member of the Retired Reserve, and is now also receiving other appropriate benefits as a former member of the Reserve Component under Title 10, Chapter 54.

3.  Although the specific details are not available in his records, it would appear that he was discharged due to his failure to participate as an active member of the Ready Reserve.  He was discharged from the USAR in accordance with law and regulations and there is no evidence of error or injustice in the discharge process. 

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

__RO__  ___LE__  ___SK___  DENY APPLICATION

						Karl F. Schneider
				     Director, Army Review Boards Agency

INDEX

CASE ID	AR1999028250	
SUFFIX		
RECON		
DATE BOARDED	20000405	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19951212	
DISCHARGE AUTHORITY	AR137-178	
DISCHARGE REASON	NO PARTICIPATION	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110	
2.		
3.		
4.		
5.		
6.