PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           21 November 2000                   
	DOCKET NUMBER:   AR2000046220

	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. Thomas A. Pagan		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Thomas E. O’Shaughnessy, Jr.		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 her discharge orders be revoked and she be transferred to the Retired Reserve.  

3.  The applicant states that she returned her letter requesting transfer to the Retired Reserve; however, the Army Reserve Personnel Command               (AR-PERSCOM) stated they did not receive it by the suspense date.  She was also told that she had completed 20 good years but she has not received her notification of eligibility for retired pay at age 60 (20-year letter) yet.  

4.  The applicant was born on 5 August 1956.  She was commissioned in the    U. S. Army Reserve (USAR) on 20 December 1978 and entered active duty.  She was released from active duty on 19 March 1983. 

5.  A Chronological Statement of Retirement Points, ARPC Form 249-2-E, shows that the applicant completed 20 qualifying years of service for non-regular retirement on 19 December 1999.  

6.  In May 2000, the applicant was notified that she had been twice nonselected for promotion to lieutenant colonel.  She was informed that she would be removed from an active status and was requested to complete an Election of Options and return it by 24 July 2000.  The Election of Options is undated but shows that she requested transfer to the Retired Reserve.  Orders D-07-039517, AR-PERSCOM dated 25 July 2000 discharged the applicant from the USAR apparently because AR-PERSCOM did not receive her Election of Options by the suspense date.

7.  On 17 November 2000, AR-PERSCOM informed the Board that the applicant’s 20-year letter was mailed to her on 21 September 2000.

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

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 evidence of record shows that the applicant completed 20 years of qualifying service for retired pay and that she elected transfer to the Retired Reserve.  Although it cannot be determined when her Election of Options was completed, it would be appropriate to retain a mobilization asset in the USAR.
2.  The evidence of record shows that the applicant was mailed her 20-year letter after she submitted her application to the Board.

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:
     a.  by revoking orders D-07-039517 discharging the applicant from the USAR; and
     b.  by publishing orders assigning the applicant to the USAR (Retired) effective 25 July 2000.

BOARD VOTE:  

__tap___  __rwa___  __toe___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Thomas A. Pagan
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000046220	
SUFFIX		
RECON		
DATE BOARDED	20001121	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	135.03	
2.		
3.		
4.		
5.		
6.