MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  16 November 2000
	DOCKET NUMBER:  AR2000041709

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Ms. Martha E. Schuler		Member	
	Mr. James E. Anderholm		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 his records be corrected to reinstate him into the Army Reserve.

APPLICANT STATES: That he requested transfer to the Individual Ready Reserve (IRR) on 17 September 1998; that he was discharged from the Army Reserve prior to his expiration of term of service (ETS); that he was never informed that his request for transfer to the IRR (Individual Ready Reserve) would be delayed or not approved; and, that as a result of the above, he has been denied the opportunity to retire.

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

After completing 3 years of active duty, he completed 15 years, 4 months and   27 days in the Regular Army (18 years, 4 months and 27 days).  He was separated on 28 February 1993, under the Voluntary Separation Incentive (VSI) and received $60,874.98.

On 21 March 1994, he enlisted in the Army Reserve for a period of 3 years and later extended for 2 additional years.

He was assigned to the Army Reserve Control Group (Reinforcement) until       12 April 1996, when he was voluntarily reassigned to a Troop Program Unit (TPU).

He further extended his enlistment for an ETS of 20 March 1999.

On 17 September 1998, he requested transfer to the IRR based on his civil employment relocation.  He was not transferred as requested.

On 12 March 1999, he was honorably discharged from the Army Reserve with  21 years, 1 month and 15 days of total qualifying service.  During this period, he had only 2 years of qualifying service for retirement during the last 6.

He received a letter of instruction for unexcused absences from drill for August and September 1998.

The applicant is currently age 45 and is eligible for reentry into the Reserve upon his application and qualification.

Army Regulation 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures) indicates, in pertinent part, that soldiers assigned to the Control Groups (AT) and Reinforcement (Reinf) have participation requirements.

Army Regulation 135-180 (Qualifying Service for Retired Pay Nonregular Service) indicates, in pertinent part, that to be eligible for retired pay, an individual need not have a military status at the time of application, but must have - (1) attained age 60.  (2) Completed a minimum of 20 years of qualifying service.  (3) Served the last 6 years of his or her qualifying service as a Reserve component soldier.

Department of Defense Financial Management Regulation, Military Pay Policy and Procedures – Active Duty and Reserve Pay, Chapter 35, paragraph 350803 (Forfeiture and Recoupment) indicates that a member who has received VSI may later qualify for retired or retainer pay through additional military service.  This directive requires the reduction of the member’s retired pay until total reductions equal the gross amount of VSI the member has received.  The reductions in retired pay will include only the amounts of VSI the member has received.  

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.  The evidence of record clearly shows the applicant did not meet all the qualifications for nonregular service retirement; specifically, he did not complete the required 6 years of qualifying service as a Reserve component soldier.

2.  The Board has taken note of the applicant’s contentions; however, he has not provided any evidence which would support his request for reinstatement.  To reinstate the applicant at this last date could only result in 2 bad years and result in his immediate discharge for non-participation.

3.  The applicant may request reentry into the Army Reserve for further service provided he is otherwise qualified.

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

__wm___  __ms____  ___ja__ DENY APPLICATION

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

INDEX

CASE ID	AR2000041709	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001116	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.135	Needs 6 years credit to retire from AR	
2.		
3.		
4.		
5.		
6.