MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           13 February 2001                   
	DOCKET NUMBER:   AR2000041491

	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	
	Mr. Richard H. Allen		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar 		Chairperson	
	Ms. Shirley L. Powell 		Member	
	Mr. Harry B. Oberg 		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:  In essence, correction of his military records to show that he was transferred to the United States Army Reserve (USAR) Control Group (Retired), also referred to as the Retired Reserve.

APPLICANT STATES:  In effect, that his failure to request transfer to the Retired Reserve was due to his misunderstanding of the procedures for such action.  At the request of the staff of the Board he has provided additional documentation to the Board which shows that he completed 20 qualifying years for retirement pay at age 60, and that he was discharged from the USAR effective 9 March 1999.  He reenlisted in the USAR for 2 years on 14 April 2000.  Essentially, because he was having problems at the time, he requested transfer to the USAR Control Group (Reinforcement), also known as the Individual Ready Reserve (IRR) in 1997.  He believes that the break in service between 1999 and 2000 "would create a severe cause for concern if not addressed immediately."  

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

The applicant was born on 5 September 1955.  He served on active duty in the United States Marine Corps and in the Marine Corps Reserve from 
7 or 9  September 1972 through 12 July 1986 as a communications specialist.  After a 2 year break in service, he enlisted in the Army National Guard for 
2 years on 28 July 1988.  He was retrained as a Medic (military occupational specialty (MOS) 91B) and served with an Army National Guard combat support hospital in Philadelphia.  On or about 27 July 1990, he enlisted in the USAR.  He was promoted to the rank of sergeant , pay grade E-5, on 30 August 1990 and to the rank of staff sergeant, pay grade E-6 on 3 June 1994.  He initially served in the USAR as a Radio Team Chief (MOS 31C), then in September 1993 he began duties as an Emergency Treatment Noncommissioned Officer, MOS 91B.  He served in this latter MOS until discharged from the USAR in March 1999.

On 20 July 1997, the applicant voluntarily requested transfer from his troop program unit (TPU) to the IRR, due to time conflicts with his attempt to set up a private business.  He did not specify a date, but he indicated that he wished to be excused from the September and October 1997 drill periods.   On 12 August 1997, the 77th Regional Support Command issued orders transferring him to the IRR effective 31 October 1997 for cogent personal reasons.  

On 27 August 1997, he was issued a memorandum from the US Army Reserve Personnel Center, entitled: Notification of Eligibility for Retired Pay at Age 60 (Twenty Year Letter).  In this document, he was informed that he had completed 20 years of qualifying service for retired pay at age 60.  This letter was not revocable.  He was reminded that to continue in an active status in the USAR he had to continue to earn 50 or more retirement points per year.  

On 10 March 1999, ARPC-PSP-T-O3 Orders D-03-914168 were issued honorably discharging him from the USAR effective 9 March 1999.

On 30 July 1999, an ARPC Form 249-2-E (Chronological Statement of Retirement Points) was issued.  It shows that he had only 15 and 9 retirement points, respectively, for his Retirement Year (RY) from 28 July 1997 to 27 July 1998 and for that portion of the next RY from 28 July 1998 to 9 March 1999, when he was discharged.  He had credit for 20 years and 2 days qualifying service for retirement and a total of 2304 retirement points.

On 14 April 2000, the applicant reenlisted in the USAR for 2 years, in pay grade E-6.  

Army Regulation 140-10, at chapter 6, provides that a soldier who, among other reasons, has been notified that he or she is entitled to retired pay may be transferred to the Retired Reserve.  This is a voluntary action and must be requested by the soldier, in writing.  While in the Retired Reserve, the soldier is not entitled to accrue additional retirement points, to receive pay or allowances and is not eligible for consideration for promotion.  Soldiers may be returned to an active status in the USAR upon request, unless they were transferred to the Retired Reserve by board action.  They may not be older than age 60, must not be already drawing retired pay, must meet medical and moral standards for reenlistment, and be eligible for world wide assignment in the IRR.  

In a memorandum, dated 29 October 1999, SUBJECT:  Former Reserve Members Entitlements, the Under Secretary of Defense notified the Services that former members of the Reserve Components who are eligible to receive retired pay at age 60 under the provisions of Title 10, United States Code, Section 12731, but have terminated their Reserve status are entitled to receive benefits provided for under Chapter 54, Title 10, United States Code.  These benefits include identification cards, commissary privileges, access to Post Exchanges and Morale, Welfare and Recreation facilities.  Medical care may be available on a space-available basis.

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, in this case, has failed to submit evidence that would satisfy this requirement.

2.  The applicant completed 20 years qualifying service for retired pay on          27 August 1997.  He was notified by the ARPERCEN at that time that in order for him to retain active status in the USAR, he had to continue to earn 50 retirement points or more per year.  He failed to do this and was discharged from the USAR. The Board found this action consistent with Army policy and there is no evidence of error or injustice in this action.  

3.  Further, the applicant could have requested a voluntary transfer to the Retired Reserve at any time between August 1997 and his date of discharge from the USAR in March 1999.  The applicant has failed to convince the Board that there is any basis or need for such a transfer after the fact.  He knew enough, or was able to find out the procedures to request transfer from his TPU to the IRR in July 1997 when he realized he could not satisfactorily participate in TPU activities.  

4.  Additionally, the Board notes that he has now reenlisted in the USAR.  If he satisfactorily participates in his TPU duties, he will earn additional pay for drill attendance and summer active duty for training activities.  He will also accrue additional retirement point credit.  

5.  Therefore, since he would not have accrued any further service credit in either a discharged status or a Retired Reserve status, the Board can find no need for favorable action on his request.  The Board also notes that the Department of Defense has indicated that former soldiers in his status can receive many retiree benefits and no matter what his military service status is in the year 2115, when he reaches age 60, he can request and receive retired pay.  

6.  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

__jh_____  __slp___  __hbo ___  DENY APPLICATION

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

INDEX

CASE ID	AR2000041491	
SUFFIX		
RECON		
DATE BOARDED	20010213	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19990309	
DISCHARGE AUTHORITY	AR135-178 	
DISCHARGE REASON	A03.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	135.01	
2.	A84.00	
3.	135.02	
4.	135.03	
5.		
6.