MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  8 March 2001
	DOCKET NUMBER:  AR2000048272

	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	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Roger Able		Chairperson	
	Ms. Barbara J. Lutz		Member	
	Mr. William D. Powers		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 his records be corrected to show that he is eligible for retired pay at age 60 with 18 years and 11 months qualifying service.

APPLICANT STATES:  At the time of his second non-selection for promotion to chief warrant officer three (CW3), he had over 18 years of qualifying service for retirement.  He was given the option of transferring to the Retired Reserve.  He believes that he was given an exception to the 20 years for retirement because he had been non-selected for promotion twice.

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

At the time of his second non-selection for promotion to CW3 he was serving in the Individual Ready Reserve (IRR), Reinforcement Control Group.  On 25 August 1994 he was provided a memorandum of election of options by the Army Reserve Personnel Center (ARPERCEN).  This memorandum notified him that he must be discharged within 90 days after the report of the promotion board findings unless he is eligible and requests transfer to the Retired Reserve or is eligible for retention to complete 20 years of qualifying service.  The memorandum provided the name and telephone number of a point-of-contact if he had any questions.

His election of options form stated that he was in the excepted categories for removal and would be retained in an active status, unless he requested transfer to the Retired Reserve, until he was credited with 20 years of satisfactory Federal service or 15 October 1997, which ever occurred earlier.

Paragraph 4b of the form clearly states that “transfer to the Retired Reserve does not automatically entitle you to pay, allowances, or other benefits.  Completion of 20 years total service does not entitle you to retirement pay or other benefits unless such service was qualifying service for retirement pay”….  In paragraph 4c the applicant requested transfer to the Retired Reserve.  Effective 14 October 1994 he was released from the Ready Reserve and assigned to the Retired Reserve.

A recent printout of the applicant’s retirement points summary shows that he had completed 18 years of qualifying service by February 1989.  He failed to earn another qualifying year through his date of separation on 14 October 1994.

Army Regulation 135-180 provides the policy for the granting of retired pay to soldiers and former Reserve Component soldiers.  It states, in pertinent part, that pay is granted after completion of 20 or more years of qualifying service and upon attainment of age 60.

Army Regulation 140-10 provides the policy for assignment and transfer of USAR soldiers.  It provides that a soldier must request assignment to the Retired Reserve in writing and provides that the minimum age and years of service for eligibility are age 37 and a minimum of 8 years of qualifying Federal service.  It also states that an officer who twice fails selection for promotion will be discharged unless eligible for and requests transfer to the Retired Reserve.  It also states that officers who have over 18 years of qualifying service will be retained for up to 3 additional years in order to attain 20 qualifying years.

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.  It is a long held belief that senior NCO’s and officers are largely responsible for the management of their career and maintenance of their official records.  The applicant voluntarily transferred to the IRR without first receiving his 20 year letter, and failed to perform any duties that would have earned him retirement points while a member of the IRR.

2.  The applicant was clearly informed that he had less than the required 20 years of qualifying service for retired pay eligibility but had the option of being retained for three additional years in order to complete the required qualifying service for retired pay.  The applicant requested transfer to the Retired Reserve.

3.  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.

4.  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

__ra___  ___bl_____  ___wp__  DENY APPLICATION

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

INDEX

CASE ID	AR2000048272	
SUFFIX		
RECON		
DATE BOARDED	20010308	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	136.04	
2.		
3.		
4.		
5.		
6.