MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           11 July 2000                   
	DOCKET NUMBER:   AR2000040218

	I certify that hereinafter is recorded the record of consideration 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. Raymond J. Wagner		Chairperson	
	Mr. John Saputo		Member	
	Mr. Roger Able		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That she be paid the separation pay benefit she should have received following her transfer to the Individual Ready Reserve (IRR).

APPLICANT STATES:  That she was notified that the DA Form 4187, Personnel Action, was not attached to her request for transfer to the IRR with special separation pay and that is why she did not receive the benefit.

EVIDENCE OF RECORD:  The applicant's military records show:

She was born on 24 July 1945.  She was appointed a first lieutenant in the Army Nurse Corps, U. S. Army Reserve (USAR) on 11 October 1988.  She was promoted to captain on 10 October 1992.

On or about 14 June 1998, the applicant was apparently notified that her unit would be inactivated or reorganized and she would have to be reassigned.  She had 9 qualifying years of service for non-regular retired pay at the time.  When she completed the DA Form 4187, she checked that she understood assignment to another unit was not available and she was applying for transfer to the Retired Reserve with Special Separation Pay.  The Addendum D that was attached to the DA Form 4187 and that she should have reviewed is not available.  The copy of the DA Form 4187 available does not show a signature by the commander or his authorized representative.

DA Form 4651-R, Request for Reserve Component Assignment or Attachment, dated 19 June 1998, shows that the applicant requested reassignment to the USAR Control Group (Reinforcement), i. e., the IRR.  The authority and reason listed in item 4f was Army Regulation 140-10, paragraph 4-5d.  The applicant was transferred to the IRR effective 15 July 1998.

Army Regulation 140-10 prescribes policies and procedures to assign, attach, remove or transfer USAR soldiers.  Paragraph 4-5d states the involuntary reassignment of Troop Program Unit (TPU) or Individual Mobilization Augmentee (IMA) officers and warrant officers to the IRR is authorized when an officer’s or warrant officer’s assigned TPU is inactivated, relocated, or reorganized and another TPU assignment is not available within reasonable commuting distance. 
Paragraph 7-2 states that a lieutenant colonel or below will be removed from an active status on his or her 53d birthday if age 25 or older at initial appointment.

The National Defense Authorization Act for Fiscal Year 1993 established Guard and Reserve Transition Initiatives.  Section 4418 authorized separation pay to a 

member of the Selected Reserve who, after completing at least 6 years of 
qualifying service and before completing 15 years of qualifying service, is involuntarily transferred from the Selected Reserve during the force reduction transition period (1 October 1991 through 30 September 2001).  Section 4415, however, states that the benefits provided for do not apply with respect to a member of the Selected Reserve who is transferred from the Selected Reserve to another category of the Reserve for a number of reasons to include because the member no longer meets the qualifications for membership in the Selected Reserve.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  Without reviewing the Addendum D that was provided to the applicant, the Board cannot verify if the applicant was improperly briefed concerning her options or if she misunderstood her options or if she just checked the wrong option. However, the applicant was not eligible for separation benefits.  Presumably, that is why the DA Form 4187 was not attached to her request for transfer.

3.  While the applicant did have more than 6 years and less than 15 years qualifying service for non-regular retired pay and the reason for her transfer to the IRR was unit inactivation, relocation, or reorganization, she did not meet the criteria of being qualified for membership in the Selected Reserve.  The applicant would have been involuntarily removed from an active status in any case on     24 July 1998, her 53d birthday.  The Board concludes it is not an injustice to deny the separation benefit requested when she was transferred only 9 days before she would have been involuntarily transferred anyway.  

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__rjw___  ___js___  __ra____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000040218	
SUFFIX		
RECON		
DATE BOARDED	20000711	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	128.14	
2.		
3.		
4.		
5.		
6.