MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           26 October 2000                   
	DOCKET NUMBER:   AR2000044831

	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. Melinda M. Darby 		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. William D. Powers		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 show he was transferred to the Retired Reserve.

APPLICANT STATES:  That he requested transfer to the Retired Reserve.  Due to a medical condition he needs to be transferred to the Retired Reserve.  He provides his discharge orders as supporting evidence.

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

He was born on 3 July 1946.  He enlisted in the Regular Army in August 1966.  Upon his release from active duty he was transferred to the U. S. Army Reserve. (USAR).  He was discharged from the USAR effective 11 July 1995, apparently upon the completion of his last enlistment contract.  His notification of eligibility for retired pay at age 60 (his 20-year letter) is not available but he completed 20 qualifying years of service around 1988.

There is no evidence of record to show the applicant requested transfer to the Retired Reserve.

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 to include medical benefits.

Army Regulation 135-180 implements statutory authorities governing the granting of retired pay to soldiers and former Reserve Component 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 (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 provided no evidence to show he requested transfer to the Retired Reserve.  

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.

4.  The applicant is reminded that he is responsible for submitting an Application for Retired Pay (DD Form 108) 6 months prior to age 60.  He will turn age 60 in 2006.  His 20-year letter is not in his records.  If he did not receive a 20-year letter, he should contact AR-PERSCOM now to request it.

5.  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

__aao___  __mmd___  __wdp___  DENY APPLICATION

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

INDEX

CASE ID	AR2000044831	
SUFFIX		
RECON		
DATE BOARDED	20001026	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	135.03	
2.		
3.		
4.		
5.		
6.