PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           17 May 2000                   
	DOCKET NUMBER:   AR2000037087

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Fred Eichorn		Member	
	Mr. Raymond J. Wagner		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 requested transfer to the Retired Reserve in 1994.  The discharge order issued in December 1996 was issued in error.

4.  The applicant’s military records show that he was born on 4 November 1945.  After having had prior commissioned service in the Regular Army and the Army National Guard, he was appointed a warrant officer in the Army National Guard and transferred to the U. S. Army Reserve (USAR) in 1992.

5.  On 25 March 1994, the applicant completed an election of options and requested transfer to the Retired Reserve apparently in response to a             non-participation letter.

6.  On 11 December 1996, the applicant was discharged from the USAR on Orders D-12-604816, U. S. Army Reserve Personnel Center dated 11 December 1996.  His ARPC Form 249-2-E, Chronological Statement of Retirement Points, shows he completed 25 years of qualifying service for retirement as of this date.  It also shows that his last “good” year was retirement year ending 27 July 1992.

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 reserve component assignments up until 1992, when he completed 25 years of qualifying service for retired pay.

2.  The applicant failed to earn 50 or more retirement points a year beginning in 1992 and presumably he was sent a non-participation letter.  He replied to that letter by electing transfer to the Retired Reserve.

3.  The U. S. Army Reserve Personnel Center presumably did not receive the applicant’s election of options requesting transfer to the Retired Reserve and as a result discharged him from the USAR effective 11 December 1996.

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 be corrected by: 
     a.  revoking Orders D-12-604816, U. S. Army Reserve Personnel Center dated 11 December 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 11 December 1996.

BOARD VOTE:  

__cmf___  __fe____  __rjw___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Calvin M. Fowler
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000037087	
SUFFIX		
RECON		
DATE BOARDED	20000517	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	135.03	
2.		
3.		
4.		
5.		
6.