PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           23 August 2001                   
	DOCKET NUMBER:   AR2001054819

	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. Wanda L. Waller 		Analyst	

  The following members, a quorum, were present:

	Mr. John H. Kern		Chairperson	
	Ms. Paula Mokulis 		Member	
	Mr. Thomas Lanyi		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 The applicant requests that Army Reserve Personnel Command (AR-PERSCOM) Orders D-12-064528, dated 8 December 2000, be rescinded.

3.  The applicant states, in effect, that due to a postal delivery error she never received the non-participation letter from the Personnel Actions Directorate giving her an option to waive the 50 point requirement.  She contends that she earned 45 retirement points and has 2 additional points that she never received.  She also contends that she was in an Individual Mobilization Augmentee (IMA) slot assigned to Japan when she received her discharge orders.  She goes on to state that these discharge orders came as a complete shock to her, that she had a successful annual training (AT), that she was enrolled in a correspondence course and was getting ready for the next AT in April.  In support of her application, she submits a copy of DA Form 1380 (Record of Individual Performance of Reserve Duty Training), dated 31 March 2000; and e-mails from the 9th Theater Army Area Command (TAACOM) and AR-PERSCOM supporting her request to rescind the discharge and return to duty.       

4.  The applicant’s military records show that she enlisted in the United States Army Reserve (USAR) on 1 August 1978 and has remained in the USAR through continuous reenlistments.  By AR-PERSCOM Orders C-06-017478, dated 
23 June 2000, the applicant was placed in an IMA position as a chief personnel sergeant in the grade of sergeant major/E-9 at the 9th Theater Army Area Command (U.S. Army Japan).

5.  AR-PERSCOM Orders D-12-064528, dated 8 December 2000, show the applicant was honorably discharged from the USAR.  The applicant was discharged due to failure to participate and failure to maintain an active status (50 retirement points per year).

6.  The applicant provided documentation which shows the 9th TAACOM and AR-PERSCOM support her efforts to get her discharge orders rescinded and to return to duty.  The applicant’s Chronological Statement of Retirement Points shows that she accrued 45 retirement points during the retirement year ending 31 July 2000.  This statement also shows that prior to her discharge, the applicant had accrued 25 retirement points from 1 August 2000 to 8 December 2000. 

7.  Army Regulation 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures) defines Army National Guard and USAR service obligations.  Paragraph 3-3.2 (Participation after qualifying for retirement) states that an Army National Guard or USAR officer, warrant officer, or enlisted soldier who has accrued 20 years of qualifying service for retired pay (10 U.S. Code 1331 and 1332) must attain 50 retirement points annually to be retained in an active status in the Selected Reserve, Individual Ready Reserve, or Standby Reserve (Active List).  An officer, warrant officer, or enlisted soldier who fails to attain 50 points by the anniversary of his or her retirement year ending (RYE) date will be processed for removal from active status per Army Regulation 135-175, Army Regulation 135-178, Army Regulation 140-10, National Guard Regulation 635-100, National Guard Regulation 600-101, or National Guard Regulation 600-200, as appropriate.      

8.  Army Regulation 140-10 (Assignments, Attachments, Details, and Transfers) covers policy and procedures for assigning, attaching, removing, and transferring USAR soldiers.  Paragraph 7-3.1.c. (Nonparticipation) states that an officer (other than a commissioned warrant officer) or enlisted soldier who fails to attain 
50 points by the anniversary of his or her RYE date, will be removed from active status.

CONCLUSIONS:

1.  The applicant was honorably discharged from the USAR Control Group (IMA) on 8 December 2000 for failure to participate and failure to maintain an active status (50 retirement points per year).

2.  The applicant stated that she was not notified of her non-participation status and her discharge until after the fact due to delivery error by the U.S. Postal Service.  

3.  Evidence shows that the applicant accrued retirement points during the retirement year in which it was determined that she was a non-participant.

4.  The accrual of almost 50 retirement points during retirement year 2000 indicates her intention to maintain her status in the USAR Control Group (IMA).  Other evidence of record also indicated that the applicant intended to continue her Reserve service as an IMA and that AR-PERSCOM supported her continued service but was unable to restore her to duty.

5.  Based on the foregoing, the Board has determined that it is in the best interest of the Army Reserve to continue the applicant’s status in the USAR Control Group (IMA).  The Board also noted that apparently the applicant was not afforded the opportunity to continue her Reserve status due to matters beyond her control.  Therefore, the Board has determined that the orders discharging her from the USAR Control Group (IMA) should be rescinded and that her records be corrected to show that she accrued 50 retirement points for the retirement year ending 31 July 2000 and show that she earned 50 retirement points during the retirement year ending 31 July 2001.

6.  The Board has also determined that if the applicant cannot be placed in the IMA position in which she was previously assigned (9th TAACOM in Japan) that she be reinstated in the USAR Control Group (Reinforcement).   
7.  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: 

	a.  by rescinding AR-PERSCOM Orders D-12-064528, dated 8 December 2000, which discharged the individual concerned from the USAR Control Group (IMA); 

	b.  by reinstating the individual concerned in the USAR Control Group (IMA), if applicable, or in the USAR Control Group (Reinforcement) effective 
8 December 2000; and

	c.  by correcting all appropriate records to show that she accrued 
50 retirement points during retirement years ending 31 July 2000 and 31 July 2001.  

BOARD VOTE:  

JHK____  PM_____  TL______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__John H. Kern______
		        CHAIRPERSON

INDEX

CASE ID	AR2001054819	
SUFFIX		
RECON		
DATE BOARDED	20010823	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.	129.0200	
2.		
3.		
4.		
5.		
6.