MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:  5 April 2000
	DOCKET NUMBER:   AR1999028296

	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. Vic Whitney		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:  That his discharge from the USAR be revoked and that he be transferred back to the Individual Ready Reserve (IRR).

APPLICANT STATES:  That he was not counseled about staying in the IRR when he called and wrote a note about his pending discharge.

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

The applicant, born on 7 July 1942, entered the USAR on 16 January 1964.  He continued to serve in the USAR, primarily in ordinance maintenance.  On 13 April 1991 he was notified of his eligibility for retired pay at age 60 (20 year letter).  He was promoted to grade E-7 effective 22 July 1991.  On 27 August 1991 he reenlisted for 3 years

Effective 30 June 1993 he was voluntarily transfer to the Individual Ready Reserve (IRR).  He failed to have a 50 point satisfactory year for USAR participation for the 2 year period ending 14 September 1994 and 14 September 1995.

On 22 February 1996 he was informed of his requirement to request a one time waiver of the 50 point requirement, to request transfer to the Retired Reserve, or be discharged.  The suspense for a response was 22 March 1996.  He states that he called the number provided for questions but did not get any assistance.  Paragraph 2 of the election of options form states that if the applicant fails to elect an option or comply with the suspense date, it will result in an automatic discharge.

Effective 9 May 1996 the applicant was discharged from the USAR for non-participation in training activities in 1994 and 1995.  His records indicate that he had 23 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.

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 to submit an applicant 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

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.

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, and advisory opinion, it is concluded:

1.  Considering all the facts in this case, including the evidence of record and that submitted by the applicant, he is not entitled to the relief he now seeks.

2.  The applicant served over 25 years in the USAR.  His contention that he did not understand that he had to satisfactorily participate or elect one of the options available to him lacks credibility.  He is still entitled to appropriate benefits as a former member of the Reserve Component under Title 10, chapter 54.

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

__RO___  __LE___  ___SK___  DENY APPLICATION

						Karl F. Schneider
				     Director, Army Review Boards Agency

INDEX

CASE ID	AR1999028296	
SUFFIX		
RECON		
DATE BOARDED	20000405	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	136.03	
2.		
3.		
4.		
5.		
6.