PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           2 November 2000                   
	DOCKET NUMBER:   AR2000044931

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. William D. Barr		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 discharge orders be revoked and he be assigned to the Retired Reserve.

3.  The applicant states that he was drilling every month with his Individual Mobilization Augmentee (IMA) unit but needed to complete his periodic physical examination before he could perform annual training.  His physical was not scheduled until November 1999 and he was not cleared until March 2000.  He provides no supporting evidence.

4.  The applicant’s military records are not available.  Information contained herein was obtained from alternate sources.

5.  The applicant was born on 1 April 1947.  After having had prior active duty, he enlisted in the U. S. Army Reserve (USAR) on 6 February 1975.  His notification of eligibility for retired pay at age 60 is dated 24 September 1993.

6.  On an unknown date the applicant requested a one-time waiver for retirement year ending date 5 February 1999 for failing to attain a “good year” but apparently failed to provide supporting documentation.  As a result, the Army Reserve Personnel Command (AR-PERSCOM) sent him a statement of options election form and informed him he must complete the form or be administratively discharged.  He was encouraged to elect transfer to the Retired Reserve.  The applicant did not respond to the election of options form so he was discharged from the USAR on Orders D-03-014726, AR-PERSCOM dated 9 March 2000.

7.  Army Regulation 135-180 implements statutory authorities governing the granting of “retired pay” to soldiers and former Reserve components soldiers.

8.  Army Regulation 140-10 covers policy and procedures for assigning and transferring USAR soldiers.  In pertinent part, it states that assignment to the Retired Reserve is authorized in a number of circumstances but an eligible soldier must request transfer.

9.  Sections 12731 through 12740 of Title 10, U.S. Code, authorize retired pay for Reserve component military service.  Under this law, a Reserve soldier must complete a minimum of 20 qualifying years of service to be eligible for retired pay at age 60.  The term “good years” is an unofficial term used to mean years in which 50 or more retirement points are earned during each year and which count as qualifying years of service for retirement benefits at age 60. 

CONCLUSIONS:

1.  The Board concludes that no Government error or injustice occurred in this case.  The applicant was provided a statement of options election form and he was encouraged to elect transfer to the Retired Reserve but he failed to return that form.  Since transfer to the Retired Reserve must be requested,                AR-PERSCOM had to discharge him.

2.  However, the Board notes that the applicant will not be eligible for retired pay for another 6 or 7 years.  It would be in the Government’s interest to transfer him to the Retired Reserve where he could be a mobilization asset for a reasonable length of time to come.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by:
     a.  revoking AR-PERSCOM Orders D-03-014726 discharging the applicant from the USAR; and
     b.  publishing orders assigning the applicant to the Retired Reserve effective  9 March 2000.
     
BOARD VOTE:  

__fne___  __tsk___  __wdb___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Fred N. Eichorn
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000044931	
SUFFIX		
RECON		
DATE BOARDED	20001102	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	135.03	
2.		
3.		
4.		
5.		
6.