PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            16 August 2001
	DOCKET NUMBER:   AR2001053869

	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	
	Ms. P. A. Castle		Analyst	

The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Thomas Baxter		Member	
	Mr. John T. Meixell		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 the Board correct his records to show retired pay and entitlements retroactive to 26 December 1993, his 60th birthday.  

3.  Incorporated herein by reference are military records which were summarized in proceedings prepared to reflect the Board’s previous consideration of his case on (AR1999031025) on 13 April 2000 and 17 November 2000 Supplemental.

4.  Previously the applicant requested that his records be corrected to show his 8-year Reserve service requirement for retirement be waived and he be placed on the Reserve Retired list on 26 December 1993, his 60th birthday.  On            13 April 2000 the Board concluded that the applicant may have been confused regarding the ramifications of his actions not to remain in an active status for an additional 2 years (in order to meet the 8-year Reserve service requirement to qualify for Reserve retired pay) and as such granted his request to correct his records accordingly.  The Board directed the Retired Reserve Center to place the applicant on the Reserve retired list on 26 December 1993, his 60th birthday.  The Board directed the Defense Finance and Accounting Office not to make his pay and entitlements retroactive to that date instead to use the date of his application to the Board 25 August 1999 as the retroactive date.

5.  In October 2000 the Retired Reserve Center responded to the Board and recommended the Board order two additional corrections to make the applicant’s records administratively correct.  They recommended awarding two additional years of qualifying service towards retirement and that the applicant be entitled to receive retired pay retroactive 26 December 1993, his 60th birthday and not the date of his application 25 August 1999.

CONCLUSIONS:

1.  In November 2000 the Board ordered the Supplemental correction of the applicant’s records granting two additional years but failed to change the applicant’s date of eligibility to receive retired pay.

2.  There is no evidence to explain the Board’s previous decision to place the applicant on the Reserve retired list 26 December 1993 and then direct pay and entitlements to start on 25 August 1999 the date of his application to the Board.

3.  By direction of the previous Board the applicant’s record shows an official Reserve retirement date of 26 December 1993 and therefore, should show a retroactive pay and entitlement date of 26 December 1993.

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 be corrected to show that the applicant is entitled to Reserve retired pay and benefits retroactive to 26 December 1993, the date he turned age 60.

BOARD VOTE:  

___tb ___  __jm ____  __jh ____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______June Hajjar_______
		        CHAIRPERSON

INDEX

CASE ID	AR2001053869	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/08/16	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  338	136.0000/retirement	
2.  342	136.0400/usar age 60	
3.		
4.		
5.		
6.