PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           15 March 2001                   
	DOCKET NUMBER:   AR2000043407

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Thomas E. Oshaughnessy		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

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

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that his records be corrected by rescinding Orders Number D-01-504267, dated 13 January 1995, that discharged him from the United States Army Reserve (USAR) and issuing a new order transferring him to the Retired Reserve. 

3.  The applicant states that notwithstanding the fact that the USAR sent him a 20-year letter and documentation for other retirement benefits, his discharge order still reflects that he was discharged prior to completing 20 qualifying years of service and that he was not transferred to the Retired Reserve.

4.  The applicant’s military records show that he entered the Regular Army as a 2nd Lieutenant on 5 June 1971.  On 30 April 1982, the applicant requested resignation from the Army for personal reasons.  On 25 May 1982, the request was approved with a recommendation that he be transferred to the USAR.  Accordingly, the applicant was honorably separated from the Army on 15 August 1982 with 11 years, 2 months, and 11 days of creditable military service.

5.  The applicant was transferred to the USAR and served until he received Letter Order Number D-01-504267, dated 13 January 1995, discharging him effective 23 December 1990.  Discharge orders were issued because the applicant had twice failed to be selected for promotion to Lieutenant Colonel.  However, the applicant had acquired more than 18 but less than 20 years of creditable service for retirement by the established date.  Consequently, he was retained on active status to complete 20 years as required by law.

6.  Army Regulation 135-175 prescribes Army policy, criteria, and procedures for the separation of officers of the Army National Guard of the United States and the USAR, except for officers serving on active duty or active duty training exceeding 90 days.  Chapter 4 of this regulation describes the conditions under which USAR officers may be discharged from their status as Reserves of the Army and prescribes criteria for discharging them.  It states, in pertinent part, that officers of the Army Reserve will be removed from active status when they are nonselected for promotion after a second consideration.  Removal will be accomplished by discharge, transfer to the Retired Reserve (if eligible and requested by the member) or, if eligible, transfer to a Control Group (Inactive).

7.  Army Regulation 140-10 covers policy and procedures for assigning, attaching, removing, and transferring USAR soldiers.  It defines Ready Reserve Control Groups and the Selected Reserve.  Detailed procedures are given for removing soldiers from an active status.  Chapter 6 covers procedures for transfer to and from the Retired Reserve, and states that eligible soldiers must request transfer to the Retired Reserve if they have completed a total of 20 years of active or inactive service in the Armed Forces. 

8.  In the processing of this case, an advisory opinion was obtained from the Army Reserve Personnel Center (ARPERCEN) Transition and Separation Branch, St Louis, Missouri.  Staff of the Transition and Separation Branch opined that the discharge orders are incorrect and authority should be given to void those orders and allow the applicant to transfer to the Retired Reserve effective 24 June 1992, which is the date he was credited with 20 qualifying years of service.  The Staff also opined that any retirement points earned after completion of 20 qualifying years of service be forfeited in accordance with the laws applicable to the “18/19 year lock-in”.  The applicant was provided a copy of the advisory opinion and concurred with it.

CONCLUSIONS:

1.  On 24 June 1992, the applicant completed 20 years of qualifying service for retired pay and received his 20-year letter.  At this point, the applicant should have been transferred to the Retired Reserve.

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by:

a.  Voiding the discharge orders (D-01-504267), effective 23 December 1990, and issuing to the individual concerned a new order effective 24 June 1992; and

b.  Transferring the individual concerned to the USAR Control Group (Retired Reserve) with 20 years, 0 months, 0 days of creditable service.

2.  That any retirement points earned after completion of 20 qualifying years of service be forfeited in accordance with the laws applicable to “18/19 year lock-in”.

3.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__emw__  __rtd____  __teo___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Ernest M. Willcher___
		        CHAIRPERSON

INDEX

CASE ID	AR2000043407	
SUFFIX		
RECON		
DATE BOARDED	20010315	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19920624	
DISCHARGE AUTHORITY	AR 135-175 and AR 140-10	
DISCHARGE REASON	Retirement	
BOARD DECISION	GRANT	
REVIEW AUTHORITY	DASA	
ISSUES         1.		
2.		
3.		
4.		
5.		
6.