PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  18 July 2000
	DOCKET NUMBER:  AR1999028352

	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. Carl W. S. Chun		Director	
	Mr. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Ms. Elizabeth Buchanon		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 reinstatement to a reserve status in the Individual Ready Reserve, the Individual Mobilization Augmentee (IMA) Program, or in the Retired Reserve.

3.  The applicant, a USAR Major, states that he was arbitrarily discharged from the USAR in January 1999 without prior notification even though he is eligible for retirement.  The applicant attached a letter in which he states that he wants to be placed on active USAR status or USAR Retired status.  He further states that as a civilian, he is a Foreign Service Officer with the US State Department, which complements his reserve concentration area as a Foreign Area Officer and military attaché.  His USAR assignment was as an IMA at the Defense Intelligence Agency with duty as an Assistant Army Attaché to Warsaw, Poland.  The applicant also stated that he attended a 12 week Department of Defense course on security from May to July 1998, completed a Master’s Degree in International Affairs at Columbia University, he has working knowledge of four foreign languages and in 1999 will be taking a 44 week Russian language course from the National Foreign Affairs Training Center, and his next State Department assignment will be at the American Embassy in Moscow as a political officer.  The applicant questions whether or not these training courses can be credited as correspondence courses for USAR retirement points.

4.  The applicant’s military records show that he was honorably discharged from the USAR on 29 January 1999.  Prior to that, he was a Major with a Military Intelligence specialty serving as an IMA.  He had enlisted in the Regular Army on 7 September 1971 and served in that status for 9 years, 9 months, and 17 days.  He was commissioned as a USAR Officer on 12 September 1981 and served as an officer until his discharge.  Between his commissioning and 11 September 1995, he attained 11 qualifying years for retirement (a minimum of 50 points a year) out of 14 years served and accumulated a total of 20 qualifying years for retirement at age 60.  The applicant was provided his 20-year letter, “Statement of Eligibility for Retired Pay at Age 60,” in August 1998.

5.  Between 12 September 1995 and 29 January 1999, he did not attain any years creditable for retirement (50 points per year) and had only 17, 31, 34, and 6 retirement points per year respectively for those years.  The record does show that he participated in 13 days of Annual Training (AT) in retirement year 1997 and 19 days of AT in retirement year 1998.

6.  On 15 December 1998, the applicant was mailed a letter from US Army Reserve Personnel Command (ARPERSCOM) entitled, Nonparticipation in the US Army Reserve, informing him that he had failed to earn 50 retirement points per year since accruing 20 years of qualifying service in 1995 for retired pay and as a consequence he had the choice of requesting a one time waiver for failure to earn 50 retirement points, transferring to the retired reserves, or being discharged.  ARPERSCOM shows that they did not receive a reply from the applicant by the suspense date of 19 January 1999, so discharge orders were issued effective 29 January 1999.  The applicant has stated that he did not receive the above letter.

7.  Army Regulation 140-10 states that an officer (other than a commissioned warrant officer) or enlisted soldier who has accrued 20 years of qualifying service for retired pay must earn a minimum of 50 retirement points annually to be retained in an active status in the US Army Reserve.  Those who do not earn 
50 points by their retirement year ending (RYE) dates will be removed from active status.  The regulation provides for a waiver on a one-time-basis.  The soldier must request the waiver and submit documentation indicating nonparticipation was due to circumstances beyond their control.

CONCLUSIONS:

1.  Due to nonparticipation, the applicant was offered three options: request transfer to the retired reserve; discharge; or request a one-time waiver for failure to earn 50 retirement points in a retirement year.  Considering the applicant’s rank and his record of military education, not having taken the required Combined Arms and Services Staff School (CAS3) or the Command and General Staff College, it would be in the applicant’s best interest to place him in the Retired Reserve.  To place him in the IRR would be a disadvantage since he would be considered for promotion to Lieutenant Colonel this year and next, non-selected due to his lack of military education in accordance with AR 135-155, and discharged due to twice non-selection for promotion.

2.   This Board is not in a position to grant constructive credit in the form of correspondence course credit for retirement points for other DoD and State Department resident courses.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected for the individual concerned by:

	a.  revoking his ARPC-PSP-T-11 discharge order number D-01-905038 issued by ARPERSCOM on 29 January 1999; and

b.  transferring him to the Retired Reserve.

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

BOARD VOTE:  

__gp___  ___mt___  ___eb___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___George D. Paxson_____
		        CHAIRPERSON

INDEX

CASE ID	AR1999028352	
SUFFIX		
RECON		
DATE BOARDED	20000718	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.135.03	Change of Status	
2.		
3.		
4.		
5.		
6.