PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           15 February 2000                   
	DOCKET NUMBER:   AR1999028517

	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. Fred Eichorn		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Roger Able		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 that his discharge orders be revoked and he be transferred to the Retired Reserve.

3.  The applicant states that he does not recall receiving any correspondence prior to the discharge action.  Had he been given a choice, he would have requested transfer to the Retired Reserve.

4.  The applicant’s military records show that he was born on 20 October 1944.  He enlisted in the Army National Guard in December 1965.  He received his notification of eligibility for retired pay at age 60 in January 1987.  He was discharged from the Ready Reserve effective 18 February 1990.  In June 1999, the U. S. Army Reserve Personnel Command informed the applicant they did not have the authority to revoke his discharge orders and transfer him to the Retired Reserve but recommended he apply to the Board for relief.

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

6.  Sections 12731 through 12740 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 in good faith actively participated in his Army National Guard assignments at least up until 1987, when he completed over 20 years of qualifying service for retired pay.

2.  The applicant was discharged from the Ready Reserve in 1990 for an unknown reason.  Presumably he never received any correspondence notifying him he had the option to request transfer to the Retired Reserve.  

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.  by revoking orders D-02-014507 dated 14 February 1990, U. S. Army Reserve Personnel Center discharging the applicant from the Ready Reserve; and
     b.  by publishing orders assigning the applicant to the U.S. Army Reserve (Retired) effective 18 February 1990.

BOARD VOTE:  

__fe____  __kak___  __ra____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Fred Eichorn
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999028517	
SUFFIX		
RECON		
DATE BOARDED	20000215	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	135.03	
2.		
3.		
4.		
5.		
6.