PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            1 August 2000
	DOCKET NUMBER:   AR2000038609

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Ms. Deborah S. Jacobs		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Ernest W. Lutz, Jr.		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 records be corrected to reflect his correct date of birth. 

3.  The applicant states, in effect, that his true date of birth is 6 December 1940 but his military records incorrectly reflect the year of his birth as 1941.  In support of his contention, the applicant has provided an official copy of his birth certificate, issued by the Bureau of Vital Statistics of Trenton, New Jersey.  He also comments on his confusion in regard to his Retired Reserve status and indicated that it was his belief that he was transferred to the Retired Reserve based on his receiving his 20 year letter.

4.  The applicant’s military records show that on 7 August 1995, he was discharged from the United States Army Reserve (USAR), in the rank and pay grade of Sergeant First Class/E-7, after completing 23 years of qualifying service for retirement.  

5.  The record contains an Army Reserve Personnel Command (ARPC) 
Form 249-2-E (Chronological Statement of Retirement Points), dated 27 August 1999.  This form indicates that, between 1 March 1961 and 22 August 1994, the applicant had completed a total of 23 years of service qualifying for retirement.

6.  On 7 August 1995, Order Number D-08-566609 was issued by the Army Reserve Personnel Command (ARPERSCOM).  This order announced the applicant’s honorable discharge from the USAR under the provisions of 
Army Regulation 135-178.  

7.  A review of the documents and forms contained in the applicant’s Military Personnel Records Jacket (MPRJ) revealed that his date of birth is consistently recorded as 6 December 1941 on all forms and documents contained therein. 

8.  The applicant provided an official copy of his birth certificate, which was issued by the Division of Health, Bureau of Vital Statistics, Trenton, New Jersey.  This certificate contained the raised seal of the city of Trenton and verified that the applicant’s date of birth was 6 December 1940.  

9.  Title 10 of the United States Code, section 12731 prescribes the age and service requirements for members of the Reserve Components to receive retired pay.  It states, in pertinent part, that a person is entitled, upon application, to retired pay if they are at least 60 years of age and has performed at least 
20 years of qualifying service for retirement.  This provision of the law does not mandate that a member be in the Retired Reserve in order to apply for retired pay. 

10.  A Secretary of Defense Memorandum, dated 29 October 1999, granted former members of the Reserve Components, who are eligible to receive retired pay at age 60, the entitlement to receive those benefits authorized by chapter 54 of Title 10 of the Untied States Code, which are normally associated with being in the Retired Reserve.  

CONCLUSIONS:

1.  A careful review of the evidence of record and the independent evidence submitted by the applicant, reveals that the date of birth predominantly recorded in the applicant’s military records contains the incorrect year of birth.  Therefore, in the interest of justice and clarity, the Board finds that it would be appropriate to correct the applicant’s records to reflect his correct date of birth, which is 
6 December 1940, as codified in his birth certificate.  

2.  The Board also noted the applicant’s confusion and concern over his status in regard to his being transferred to the Retired Reserve.  However, the Board wishes to advise the applicant that his membership in the Retired Reserve is not a prerequisite to receive retired pay at age 60.  Even though he was discharged from the USAR, he remains eligible to apply for retired pay at age 59½ and to receive retired pay at age 60.

3.  In addition, a Secretary of Defense Memorandum, dated 29 October 1999, granted former members of the Reserve Components, who are eligible to receive retired pay at age 60, the entitlement to receive those benefits authorized by chapter 54 of Title 10 of the Untied States Code.  In order to make the applicant aware of the scope of his benefit entitlement, the Board is enclosing a copy of this memorandum with this decisional document.  If this does not satisfy the applicant’s concern and he still desires to be transferred to the Retired Reserve, he may reapply to this Board.

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 changing the date of birth of the individual concerned to 6 December 1940.  

BOARD VOTE:  

__kak___  ___dj ___  ___ewl __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______D.S. Jacobs______
		        CHAIRPERSON

INDEX

CASE ID	AR2000038609	
SUFFIX		
RECON		
DATE BOARDED	2000/08/01	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1995/08/07	
DISCHARGE AUTHORITY	AR 135-178	
DISCHARGE REASON	Discharge 	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  3	100.0200	
2.  341	136.0300	
3.		
4.		
5.		
6.