SUPPLEMENTAL PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  24 October 2000
	DOCKET NUMBER:  AR2000045611

	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.  A quorum was present during the further consideration and deliberation.  The findings appearing in proceedings dated 30 September 1999 were affirmed.  The following additional findings, conclusions, and recommendation were adopted by the Board.

	Mr. Carl W. S. Chun		Director	
	Ms. Stephanie Thompkins		Analyst	

	The Board convened at the call of the Director on the above date to reconsider the conclusions and recommendation appearing in proceedings dated 30 September 1999.

	Ms. Margaret Patterson		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Edwin S. Castle		Member	

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

	The Board considered the following additional evidence:

	Exhibit A:  Under Secretary of Defense Memorandum, 29 October 1999, Subject:  Former Reserve Member Entitlements

THE BOARD ADDITIONALLY FINDS:

20.  On 19 July 2000, the Army Review Boards Agency, Support Division, St. Louis contacted the Board by e-mail requesting guidance in completing Item 9, Command To Which Transferred; Item 23, Type Of Separation; Item 25, Separation Authority; Item 26, Separation Code; and Item 28, Narrative Reason For Separation, on the applicant’s separation document (DD Form 214).

21.  The relief recommended and approved in this case, among other things, was “by showing the individual concerned was separated from the AGR program tour on 26 June 1995, by reason of physical disability, without entitlement to severance pay, and transferred to the USAR Control Group (Retired Reserve)”.

22.  The Board recommended that the applicant’s DD Form 214 show in Item 9, Retired Reserve; Item 23 Disability, Existed Prior to Service, Physical Evaluation Board (PEB); Item 25 Army Regulation 635-40, para 4-24b; Item 26 and Item 28, By reason of physical disability, without entitlement to severance pay. 

23.  Army Regulation 635-40 prescribes the procedures and policy for the separation of individuals for reasons of physical disability.  The regulation specifies that a person will be discharged based upon a disability separation.  Paragraph 4-24b(4) provides for the separation of individuals for physical disability without severance pay.

24.  Upon discharge, individuals cannot remain in an active Reserve status and are not permitted transfer to the Reserve Control Group, including the Retired Reserve.

25.  Under Secretary of Defense Memorandum, 29 October 1999, Subject:  Former Reserve Member Entitlements, announced that former members of the Reserve Components who are eligible to receive retired pay at age 60 under 
10 United States Code, section 12731 but who have terminated their Reserve status are entitled to receive benefits provided for under chapter 54, title 10, United States Code.  Identification cards reflecting the appropriate benefits are now available at Realtime Automated Personnel Identification System sites.  Access to Exchange and Morale, Welfare and Recreation facilities will be granted to those who present a photo identification accompanied by written notification of eligibility to receive retired pay.  A Department Of Defense Reserve Component Commissary Privilege Card, DD Form 2529, necessary for access to commissaries 214 days per calendar year for those members not yet age 60, is available from the Reserve personnel center that issued the written notification of eligibility to receive retired pay.  This card is also available from the State headquarters in the case of a former member of the National Guard.

26.  In accordance with this new provision, members are no longer required to transfer to the Retired Reserve in order to receive those benefits.  They are simply required to take their 20-year letter (Notification of Eligibility to Receive Retired Pay at age 60) and a photo identification to the nearest military ID Card facility for issuance of their military ID card.  In the interim, they may use the facilities by showing the 20-year letter and a photo ID until they are issued a military ID card.  It should be noted however; that the issuance of a military ID Card will not negate the responsibility to apply for Retired Pay when reaching 
59½ years of age.

27.  A former member is defined as an individual eligible for retired pay at age 60, or, if age 60 or over, receiving retired pay for non-Regular service under Chapter 1223 of 10 United States Code, but who has been discharged from the service and who maintains no military affiliation.

THE BOARD ADDITIONALLY CONCLUDES: 

6.  At the time of the Board’s 30 September 1999 decision in this case, it was the intent of the Board to make the applicant’s record as administratively correct as it should properly have been at the time of her separation.

7.  In view of the additional factors in this case the applicant is not entitled to correction of her record to show she was transferred to the USAR Control Group (Retired Reserve).  Individuals separated from the service as medically unfit must be discharged.  The Board notes that since the applicant was separated for physical disability, she is not entitled to remain in an active Reserve status or be transferred to the Retired Reserve.

8.  It is also noted here however, that since the applicant has in her possession a 
20-year letter for retired pay purposes, she will remain entitled to those Retired Reserve benefits previously not provided to those discharged.

9.  The applicant’s DD Form 214 should be corrected to show in Items 9, NA; Item 23, Discharge; Item 25, Army Regulation 635-40, Para 4-24b; Item 26, JFM; Item 28, Disability, Existed Prior to Service, Physical Evaluation Board (PEB).

10.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below.

THE BOARD RECOMMENDS:

3.  That all of the Department of the Army records related to this case be corrected by amending the Board’s recommendation appearing in the proceedings, dated 19 September 1999, to show that the individual concerned 

was separated from the AGR program tour on 26 June 1995, and discharged from the Reserve by reason of physical disability, without entitlement to severance pay.

BOARD VOTE:

__mp___  ___jm___  __ec___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Margaret Patterson___
		        CHAIRPERSON

INDEX

CASE ID	AR2000045611	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001024	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.