PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  8 August 2000
	DOCKET NUMBER:  AR2000035058

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Ronald E. Blakely		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, in effect, that his discharge be revoked and that he be transferred to the Retired Reserve.  He is now 60 years of age.

3.  The applicant states that he was not informed by his unit that he needed to have a “20-year letter” (certification of eligibility for retired pay at age 60) before he transferred from his unit.  Additionally, if he had not been released 5 days early from active duty “for the convenience of the government” he would have his 20 years.  He submits documents from his records and leave and earnings statements from his last year in a USAR unit in support of his application.

4.  The applicant’s military records show that he served on active duty from 24 September 1959 to 18 September 1962.  His separation document (DD Form 214) states that he was separated early as an overseas returnee.

5.  The applicant reenlisted in the USAR on 6 June 1973 after an 8 year break in service.  He continued to serve as a USAR unit member until he was voluntarily transferred to the Individual Ready Reserve (IRR) effective 14 June 1990 in pay grade E-7.  Effective 12 December 1995 the applicant was discharged from the USAR, presumably on the expiration of his term of service (ETS).

6.  A summary of the applicant’s retirement points show that he is credited with 2 years, 11 months, and 26 days active duty and 17 years of qualifying Reserve Component service between 1973 and 1990.  It also shows that he earned no retirement points while in the IRR except for 15 membership points for each year.

7.  Army Regulation 135-178 provides for the separation of enlisted soldiers.  Chapter 11 states that the separation authority, on ETS, will discharge the soldier.  It also states that a soldier will not be kept past his ETS without his consent or under other operation of law.

8.  Army Regulation 140-10 prescribes the policy and procedures for transfer to the Retired Reserve.  It provides for transfer to the Retired Reserve for soldiers who have completed a minimum of 20 qualifying years for retired pay at age 60.  It also provides that the individual must request transfer to the Retired Reserve or be discharged upon expiration of term of service (ETS) or upon reaching their mandatory removal date.

CONCLUSIONS:

1.  Notwithstanding that the applicant was transferred to the IRR at his request, it is reasonable to assume that he believed, at that time, that he had completed 20 qualifying years of service for retirement at age 60.

2.  The applicant’s separation from active duty, 5 days short of three full years, was for the convenience of the government and has caused an injustice on him.
3.  It would now be in the interest of justice to redistribute the necessary excess retirement points from prior qualifying years to his first retirement year in the IRR and showing that retirement year as qualifying for retirement.

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

RECOMMENDATION:

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

	a.  revoking his discharge order of 12 December 1995;

b.  redistributing the necessary excess retirement points from prior qualifying years to his first retirement year in the IRR;

	c.  transferring him to the Retired Reserve effective 12 December 1995; and

	d.  paying him retired pay effective the date of his 60th birthday.

BOARD VOTE:  

___sk___  ___ja____  __rb___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Stanley Kelley____
		        CHAIRPERSON

INDEX

CASE ID	AR2000035058	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000808	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  136.03	Retired Reserve	
2.		
3.		
4.		
5.		
6.