PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           1 March 2000                   
	DOCKET NUMBER:   AR1999028902

	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. George D. Paxson		Chairperson	
	Ms. Melinda M. Darby		Member	
	Mr. John Saputo		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 notified the Army Reserve Personnel Center (ARPERCEN, renamed Army Reserve Personnel Command (AR-PERSCOM)) telephonically three times of his address change and was told each time that his records had been updated.  

4.  The applicant’s military records show that he was born on 6 June 1946.  He enlisted in the Army National Guard on 4 May 1969 and on some date accepted a commission.  He transferred to the U. S. Army Reserve (USAR), back to the Army National Guard, and back again to the USAR.  On 10 May 1993, he was notified of his eligibility for retired pay at age 60.  On 16 June 1997, he was discharged from the USAR.

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.

7.  In the processing of this case, an advisory opinion was obtained from          AR-PERSCOM, Transitions and Separations Branch.  AR-PERSCOM stated the applicant was discharged because he failed to maintain an active status by earning 50 retirement points during his retirement year ending 3 May 1997.  He apparently failed to respond to his option letter because it had been forwarded to an old address and therefore discharge orders were published.  However,       AR-PERSCOM believes that if his address had been updated in their system as he thought it had and the letter had been sent to his correct address, he would have responded.  AR-PERSCOM recommends approval of his request.

8.  A copy of the advisory opinion was provided to the applicant for comment.  He did not respond within the given time frame.

CONCLUSIONS:

1.  The applicant actively participated in his Army Reserve components assignments up until 1997, when he completed 23 years of qualifying service for retired pay.

2.  The applicant failed to earn 50 or more retirement points a year beginning with retirement year ending date 3 May 1997 and he was sent a non-participation letter.  He failed to reply to the letter because it had been sent to an old address. 

3.  Based on that lack of reply, the applicant was discharged from the USAR.  
However, he contends he had telephonically notified ARPERCEN three times to update his address and had been told each time it was updated.

4.  In view of the foregoing and in accord with the advisory opinion, 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.  by revoking orders D-06-745205 dated 16 June 1997, ARPERCEN discharging the applicant from the U.S. Army Reserve; and
     b.  by publishing orders assigning the applicant to the U.S. Army Reserve (Retired) effective 16 June 1997.

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.

BOARD VOTE:  

__gdp___  __mmd___  __js____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			George D. Paxson
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999028902	
SUFFIX		
RECON		
DATE BOARDED	20000301	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	135.03	
2.		
3.		
4.		
5.		
6.