PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           10 May 2000                   
	DOCKET NUMBER:   AR2000036071

	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:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Thomas B. Redfern, III		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 be revoked and he be transferred to the Retired Reserve.

3.  The applicant states that when he moved from New York to Harrisburg, PA in September 1994, he notified the Army Reserve Personnel Center of his new address.  His next contact with them was in April 1999 when he called to inform them of his new address.  He was informed at that time that he had been involuntarily discharged.  He was never notified of the discharge action or of the options available to him.

4.  The applicant’s military records show that he enlisted in the U. S. Army Reserve (USAR) on 17 November 1963.  He was appointed a commissioned officer out of Officer Candidate School on 12 August 1967.  His notification of eligibility for retired pay at age 60 (his 20-year letter) is not available but he should have received it around November 1983.  He was discharged in 1996. 

5.  In the processing of this case, an advisory opinion was obtained from the Army Reserve Personnel Command, Transition and Separation Branch.  That office noted that the applicant was sent a notice of non-participation to an address in New York after the completion of the retirement year ending November 1995.  When no reply was received, he was discharged on orders     D-09-674669 dated and effective 3 September 1996.  However, it is their opinion that the discharge orders should be revoked and authority given to transfer him to the Retired Reserve.

6.  A copy of the advisory opinion was provided to the applicant for comment.  On 25 April 2000, he concurred with the advisory opinion.

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

8.  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 actively participated in his Army Reserve assignments up until 1995, when he completed about 30 years of qualifying service for retired pay.

2.  The applicant failed to earn 50 or more retirement points a year beginning in 1995 and he was sent a non-participation letter.  He failed to reply to the letter, presumably because it was sent to the wrong address although he states he kept the Army Reserve Personnel Center current on his address.

3.  Based on that lack of reply, the applicant was discharged from the U.S. Army Reserve.  

4.  In view of the foregoing and in accordance with the recommendation of the advisory opinion, 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.  revoking orders D-09-674669 dated 3 September 1996 discharging the applicant from the U.S. Army Reserve; and
     b.  publishing orders assigning the applicant to the U.S. Army Reserve (Retired) effective 3 September 1996.

BOARD VOTE:  

__mkp___  __gdp___  __tbr___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Margaret K. Patterson
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000036071	
SUFFIX		
RECON		
DATE BOARDED	20000510	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	135.03	
2.		
3.		
4.		
5.		
6.