PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  14 September 2000
	DOCKET NUMBER:  AR2000046222

	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	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. Elzey J. Arledge		Member	
	Ms. Margaret Patterson		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 reconsideration of his previous denial by this Board to show that he was authorized to remain in the Ready Reserve until 17 September 1999 and that he be authorized retired pay.

3.  The applicant states that he had been originally granted authority to remain in the Ready Reserve until 31 August 1999.  He was notified in May 1999 that he must be removed no later than 31 May 1999 because, by law, his removal was required at age 68.

4.  The applicant’s military records show that on 18 September 1979 he was appointed as a Medical Corps lieutenant colonel in the Army National Guard (ARNG) with concurrent Federal Recognition at age 48.  On 1 July 1982 he was promoted to colonel.  On 6 April 1992 he was transferred to the USAR.  On 25 November 1992 he was assigned to a USAR unit.

5.  Effective 8 September 1995 he was approved for retention beyond his original mandatory removal date (MRD) and extended in the Ready Reserve until 31 August 1999.  On 7 May 1999 the Army Reserve Personnel Command 
(AR-PERSCOM) notified the applicant’s command that his removal was scheduled for 31 May 1999, the maximum allowable retention by law.  The applicant was effectively transferred to the Retired Reserve on 31 May 1999 with 19 years, 8 months, and 13 days creditable service for Reserve retirement.  Because of administrative delays the applicant continued to participate in unit drills for June through August 1999.

6.  This Board, in a Memorandum of Consideration, dated 20 July 2000, denied the applicant’s original request for an exception to policy.

7.  Title10, U S Code, section 3855, as amended by the National Defense Authorization Act of Fiscal Year 1988, authorized retention of certain Army Medical Department officers until age 68.

8.  Title 10, U S Code, section 14703, and the Reserve Officer Personnel Management Act of 1 October 1996, changed the maximum age of retention to age 67.

CONCLUSIONS:

1.  Although the applicant originally accepted a Reserve Component appointment with the understanding that he may not be eligible for retention until retirement eligibility, he continued to satisfactorily participate for the maximum allowable time.  In fact, in September 1995 he received approval for retention until he was retirement eligible.

2.  Notwithstanding that the applicant was ultimately denied retention until he reached retirement eligibility as an operation of law, he has satisfactorily participated in Reserve Component activities to the extent that an exception to policy should be granted.

3.  It would be proper and just for this Board to show that the applicant continued to serve in the USAR until 17 September 1999 and then was transferred to the Retired Reserve with eligibility for retired pay.

4.  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 for the individual concerned be corrected by:

	a.  showing that he continued to serve in the Ready Reserve until 17 September 1999; and

	b.  showing that he was transferred to the Retired Reserve on 18 September 1999 with eligibility for retired pay.

BOARD VOTE:  

__RO___  __EA___  __MP___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000046222	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000914	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	136.04	
2.		
3.		
4.		
5.		
6.