MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           28 September 2000                   
	DOCKET NUMBER:   AR2000044961

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Ernest M. Willcher		Member	
	Mr. Donald P. Hupman, Jr.		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 he be removed from the Retired Reserve and restored to the Individual Ready Reserve (IRR).

APPLICANT STATES:  That neither he nor any military personnel he has been able to locate was aware that he could be involuntarily transferred to the Retired Reserve for failing to accrue 50 points in a year.  He has been trying to find a Troop Program Unit (TPU) to be assigned to since his transfer to the IRR.  He has found one and wishes to be restored to the IRR for transfer to a TPU.  He states he provides his current military physical and letters of endorsement as supporting evidence but nothing was attached to the DD Form 149.

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

He enlisted in the U. S. Army Reserve (USAR) in 1969.  He was commissioned out of the Reserve Officer Training Corps (ROTC) in 1978.  He was transferred to the Army National Guard in 1978 and transferred back to the USAR in 1981.  He was transferred to the IRR on 17 December 1993 to accept a promotion.  

The applicant’s notification of eligibility for retired pay at age 60 (his 20-year letter) is not available but he completed 20 qualifying years for retirement about December 1993.

Army Regulation 140-10 prescribes policies, responsibilities and procedures to assign, attach, remove or transfer USAR soldiers.  Paragraph 7.3.1 states that an officer (other than a commissioned warrant officer) or enlisted soldier who has accrued 20 years of qualifying service for retired pay is required to attain 50 points annually to be retained in an active status in the Selected Reserve, IRR or Standby Reserve (Active List).  An officer (other than a commissioned warrant officer) or enlisted soldier who fails to attain 50 points by the anniversary of his or her retirement year ending (RYE) date will be removed from an active status.  Paragraph 7.1 states that soldiers removed from an active status will be discharged or transferred to the Retired Reserve.  Transfer to the Retired Reserve is authorized when requested by soldiers who are eligible.

Army Regulation 140-10, paragraph 6-4 states that a soldier who is not receiving retired pay and is otherwise not prohibited may be transferred from the Retired Reserve to the IRR or to an appropriate TPU or Individual Mobilization Augmentee position vacancy.  A Retired Reserve member who was removed from an active status by board action or operation of law may not so transferred. 

Department of the Army Pamphlet 600-3 is intended as a professional development guide for individual officers of the United States Army.  Chapter 6 

provides guidance to individuals, commanders and personnel managers for the professional development of all USAR officers not on extended active duty.  In pertinent part, it states that the most important element in officer professional development is the individual and each officer must actively participate in his own professional development.  The most critical factor in an officer’s professional development is his or her individual participation or lack thereof.  Although there are statutory and regulatory requirements for participation, the USAR remains a volunteer organization. 

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.  Regulatory guidance is clear that an officer who has accrued 20 years of qualifying service for retired pay is required to attain 50 points annually to be retained in an active status.  An officer who fails to do so by the anniversary of his or her retirement year ending (RYE) date, will be removed from an active status and discharged or transferred to the Retired Reserve.  The Board presumes that since the applicant was transferred to the Retired Reserve, he elected transfer to the Retired Reserve rather than discharge.  

3.  The Board concludes that it was the applicant’s responsibility to know what was required for him to remain in an active status.

4.  Provided otherwise eligible, the applicant may request transfer to a TPU from his Retired Reserve status.  Transfer to the IRR is not first required.

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

__rvo___  __emw___  __dph___  DENY APPLICATION

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

INDEX

CASE ID	AR2000044961	
SUFFIX		
RECON		
DATE BOARDED	20000928	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	135.03	
2.		
3.		
4.		
5.		
6.