MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           29 August 2000                   
	DOCKET NUMBER:   AR2000043210

	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. John D. Miller		Chairperson	
	Mr. Roger Able		Member	
	Mr. Charles Gainor		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 her discharge orders be revoked and she be transferred to the Retired Reserve.

APPLICANT STATES:  That she requested retirement and she is eligible for retirement.  Supporting evidence is as listed on the DD Form 149.

EVIDENCE OF RECORD:  The applicant's military records are not available.  The information contained herein was obtained from documents provided by the applicant.

The applicant was born on 21 January 1951.  She was commissioned a second lieutenant in the U. S. Army Reserve (USAR) on 18 November 1976.  Her notification of eligibility for retired pay at age 60 (her 20-year letter) is dated       17 December 1997.  

Orders D-04-020930, U. S. Army Reserve Personnel Command, dated 10 April 2000 discharged the applicant from the USAR effective 10 April 2000.  On        22 August 2000, the U. S. Army Reserve Personnel Command (AR-PERSCOM) informed the Board that the applicant was discharged for not responding 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 AR-PERSCOM.

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 she requested transfer to the Retired Reserve in a timely manner nor has she shown how her discharge has been detrimental to any benefits to which she is entitled.  

3.  The Under Secretary’s memorandum and attachment are provided to the applicant so she may utilize those administrative remedies to obtain the documents needed to authorize her the benefits to which she is entitled.

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

__jdm___  __ra____  __cg____  DENY APPLICATION

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

INDEX

CASE ID	AR2000043210	
SUFFIX		
RECON		
DATE BOARDED	20000829	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	135.03	
2.		
3.		
4.		
5.		
6.