PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  16 November 2000
	DOCKET NUMBER:  AR2000048578

	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. Walter T. Morrison		Chairperson	
	Ms. Martha E. Schuler		Member	
	Mr. James E. Anderholm		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 his discharge be revoked and that he be transferred to the Retired Reserve with credit for 20 years of qualifying service for retired pay.

3.  The applicant states that he was separated from the Army National Guard (ARNG) with over 18 years of qualifying service for retirement.  It was an involuntary transfer and in violation of National Guard Regulation (NGR) 
600-200.

4.  The applicant’s available military records show that he enlisted in the USAR on 15 October 1956, completed his initial active duty for training as a combat engineer, and was returned to the USAR.  He was promoted to pay grade E-5 effective 16 September 1961.  He was ordered to active duty on 1 October 1961 and honorably separated on 4 August 1962 to complete his remaining service obligation.  He was honorably discharged from the USAR effective 30 September 1964 by reason of expiration of term of service (ETS).

5.  He enlisted in the ARNG on 24 August 1974.  There is no evidence of record that he was promoted above the pay grade of E-5.  He continued to participate in the ARNG through a series of reenlistments with a final ETS of 23 August 1986.

6.  On 2 February 1986 the applicant was informed of involuntary separation action based on his failure to maintain weight standards of Army Regulation 600-9. He acknowledged receipt of this action on 1 March 1986.  He was separated effective 2 March 1986 from the ARNG and transferred to the Control Group (Reinforcement) for the remainder of his service obligation.  He was discharged from the USAR effective 23 August 1986

7.  The applicant’s report of separation (NGB Form 22) showed that he had 6 years, 9 months, and 14 days prior Reserve service, 2 years, 4 months, and 5 days prior active duty, and 20 years, 7 months, and 28 days total service for pay. On 25 March 1986 this was corrected to show 7 years, 7 months, and 12 days prior Reserve service, 1 year, 4 months, and 4 days prior active duty, and 20 years, 5 months, and 25 days total service for pay.  These corrections, his record of service, and his retirement credits record now show that he had 18 years, 6 months, and 9 days creditable service for retired pay.

8.  In the processing of this case an advisory opinion was obtained from the National Guard Bureau (NGB).  In their review the NGB noted that “The Chief, NGB is the approval authority for the involuntary discharge of ARNG soldiers who have completed 18 or more years of active or inactive service.”  There was no record indicating approval of the applicant’s discharge by the Chief, NGB or information that he was counseled and voluntarily accepted separation.

The NGB supports the applicant’s request for retired pay at age 60.  The NGB also notes that he would have continued to participate in the ARNG until he earned 20 years of qualifying service for retirement but was denied that opportunity due to an administrative error.  The applicant concurred with the advisory opinion.

9.  Title 10, USC, section 1176(b) states that a Reserve enlisted member serving in an active status who is selected to be involuntarily separated (other than for physical disability or for cause) and who, on the date on which the member is to be discharged, is entitled to be credited with at least 18 but less than 20 years of qualifying service for retired pay, may not be discharged without the member’s consent.

CONCLUSIONS:

1.  The applicant had completed over 18 years of qualifying service for retired pay when he was involuntarily discharged from the ARNG without the advice and consent of the Chief, NGB as required by law and regulation.

2.  Additionally, the applicant has been denied the money and additional retirement points he would have accrued by continued participation in the ARNG until completion of 20 years of qualifying service for retirement.

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 for the individual concerned be corrected by:

	a.  recommending that the ARNG discharge of 2 March 1986 be revoked;

b.  crediting him with a total 48 inactive duty retirement points and 14 annual training points for his retirement year ending on 23 August 1986;

c.  showing that he extended his enlistment of 24 August 1974 for one additional year, until 23 August 1987;

	d.  crediting him with 48 inactive duty retirement points and 14 annual training points for his retirement year ending on 23 August 1987;

	e.  paying him the monies due for this additional ARNG service;

	f.  showing that he was transferred from the ARNG to the Retired Reserve with 20 years of qualifying service for retired pay effective 23 August 1987; and

	g.  showing that he was entitled to retired pay at age 60 and paying him retired pay following his 60th birthday.

BOARD VOTE:  

__wm___  __ms___  __ja____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Walter T. Morrison___
		        CHAIRPERSON

INDEX

CASE ID	AR2000048578	
SUFFIX		
RECON		
DATE BOARDED	20001116	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.	136.04	
2.		
3.		
4.		
5.		
6.