MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           14 December 2000                   
	DOCKET NUMBER:   AR2000042601

	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:

	Ms. June Hajjar		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Mr. Richard T. Dunbar		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 effect, that his discharge orders be revoked and he be transferred to the Retired Reserve.

APPLICANT STATES:  That he assumed he would be placed in the Retired Reserve.  He did not want to be discharged.  He provides no supporting evidence.

EVIDENCE OF RECORD:  The applicant's military records are not available.  The information contained herein was obtained from alternate sources.

The applicant was born on 29 September 1943.  After having had prior service in the active Army and the U. S. Army Reserve (USAR), he was commissioned on  3 August 1968.  His notification of eligibility for retired pay at age 60 (his 20-year letter) is unavailable.  

The applicant’s discharge orders are not available.  His Statement of Retirement Points shows that his last qualifying year was retirement year ending date           2 August 1986.  It appears he may have been separated for nonparticipation after failing to respond to a nonparticipation letter.

In October 1999, guidance put out by the Under Secretary of Defense provided that former members of the Reserve Components are entitled to certain benefits.

Army Regulation 135-180 implements statutory authorities governing the granting of retired pay to soldiers and former Reserve components soldiers.  Each qualified individual is responsible for submitting an application for retired pay  (DD Form 108) 6 months prior to age 60 and that those without a current military status may obtain the form from a local Reserve Component unit or by writing the Army Reserve Personnel Command.

Army Regulation 140-10 prescribes policies to assign, remove or transfer USAR soldiers.  In pertinent part, it states that assignment to the Retired Reserve is authorized in certain circumstances but the eligible soldier must request transfer.

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.  The applicant has not provided evidence to show he requested transfer to the Retired Reserve and, in the absence of evidence to the contrary, the Board presumes that what the Army did in his case was administratively correct.  The applicant has also not shown how his discharge has been detrimental to any benefits to which he is entitled.  

3.  The Under Secretary’s memorandum and attachment are provided to the applicant so he may utilize those administrative remedies to obtain the documents needed to authorize him the benefits to which he is entitled.  He is also reminded that he should submit his request for retired pay in approximately 2 years.

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

__jh____  __hof___  __rtd___  DENY APPLICATION

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

INDEX

CASE ID	AR2000042601	
SUFFIX		
RECON		
DATE BOARDED	20001214	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	135.03	
2.		
3.		
4.		
5.		
6.