PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           11 January 2001                   
	DOCKET NUMBER:   AR2000046558

	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. Ernest M. Willcher		Chairperson	
	Ms. Ann M. Campbell		Member	
	Mr. Donald P. Hupman, 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 that his discharge orders be revoked and he be assigned to the Retired Reserve.  He states that he did request a transfer to the Retired Reserve; however, the request must not have made it to the required office.  In the mean time, he moved from Barrow, Alaska to Palmer, Alaska and it has taken months for his normal mail to reach him.  He never received the Army Reserve Personnel Command’s (AR-PERSCOM) correspondence regarding his nonparticipation.

3.  The applicant’s military records (fiche only) show that he was born on           29 September 1950.  He was commissioned in the U. S. Army Reserve (USAR) in 1972 and served on active duty from January 1973 – September 1976 when he was released to the USAR.  He entered the Alaska Army National Guard on 14 March 1980.  His notification of eligibility for retired pay at age 60 is dated       7 January 1996.

4.  Apparently, the applicant transferred to the USAR in May 1996.  Due to the absence of a Reserve unit, continued service in the USAR was difficult so he requested transfer to the Retired Reserve in late 1998 or early 1999.  The request apparently was not received by AR-PERSCOM.  

5.  AR-PERSCOM apparently notified the applicant sometime in 1999 that he failed to attain a “good year” for the second year in a row and sent him a statement of options election form and informed him he must complete the     form or be administratively discharged.  The applicant did not respond to the election of options form and so he was discharged from the USAR on Orders       D-08-033736, AR-PERSCOM dated 16 June 2000.

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

7.  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.

8.  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. 

9.  In the processing of this case, an advisory opinion was obtained from the Transition and Separation Branch, AR-PERSCOM.  That office opined that since AR-PERSCOM did not receive the applicant’s request for transfer to the Retired Reserve, the discharge orders are valid and should not be revoked.

10.  A copy of the advisory opinion was provided to the applicant for rebuttal.  He stated that he did request transfer to the Retired Reserve, he had no idea it had been lost, and he did not receive their correspondence because he had recently moved.  He believes he may still be an asset to the Army should he ever be needed.

CONCLUSIONS:

1.  The Board concludes that no Army error occurred in this case.  The applicant was sent a statement of options election form but he did not receive the form   and therefore he could not return the form.  Since transfer to the Retired Reserve must be requested and since AR-PERSCOM did not receive his request,        AR-PERSCOM had to discharge him.

2.  However, the Board notes that the applicant will not be eligible for retired pay for another 9 or 10 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 revoking AR-PERSCOM Orders D-08-033736 discharging the applicant from the USAR and publishing orders assigning the applicant to the Retired Reserve effective 16 June 2000.

BOARD VOTE:  

__emw___  __amc___  __dph__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Ernest M. Willcher
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000046558	
SUFFIX		
RECON		
DATE BOARDED	20010111	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	135.03	
2.		
3.		
4.		
5.		
6.