PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  9 August 2001
	DOCKET NUMBER:  AR2001056032

	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:

	Ms. Irene N. Wheelwright		Chairperson	
	Ms. Gail J. Wire		Member	
	Mr. Fred N. Eichorn		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 be revoked and that he be transferred to the Retired Reserve with entitlement to retired pay.

3.  The applicant states that he was not timely advised that he had to request an extension of his Mandatory Removal Date (MRD) to complete 20 qualifying years of service.  He submits copies of the memorandums and orders that effected his discharge in support of his application.

4.  The applicant’s military records show that he was a Medical Corps officer serving in a Reserve unit in the rank of colonel.  On 22 February 1996 he received approval of retention in an active status beyond his MRD until 31 December 1999.  In approximately November 2000 he was informed by his command that he was in an active status beyond his MRD of 31 December 1999 and must be removed as a matter of law.

5.  Orders 01-009-001, dated 9 January 2001, discharged the applicant effective 1 January 2000.  Orders 01-053-002, dated 22 February 2001, amended the effective date of discharge to 31 January 2001.  A 23 March 2001 memorandum to the applicant from his command informed him that he was not eligible for crediting of retirement points or qualifying service beyond the date of his MRD of 31 December 1999.  His was notified to apply to this Board for relief.

6.  A review of the applicant’s retirement points history shows that he completed 19 years of qualifying service for retired pay at his MRD of 31 December 1999.  Information provided by his command shows that the applicant continued to participate in Reserve training through December 2000.

7.  Army Regulation 135-180, applicable to Reserve personnel, prescribes the policy and procedures for granting retired pay benefits at age 60 under Title 10, United States Code, chapter 67, sections 1331 to 1337.  This regulation specifies, in part, that to be eligible for retired pay, an individual must have attained age 60, and have completed a minimum of 20 years of qualifying service.

CONCLUSIONS:

1.  The applicant had completed 19 years of qualifying service by the date of his final MRD of 31 December 1999.  He was allowed to continue his participation in Reserve training by his command until December 2000.

2.  The applicant attained over 20 years of qualifying service on the date of his discharge of 31 January 2001.  It would be in the interest of justice, and as an exception to policy, to show that his service through 31 January 2001 was creditable service and for accrual of retirement points.

3.  The applicant’s records should be corrected to revoke his discharge of 31 January 2001 and record all service time and retirement points from 1 January 2000 through 31 January 2001.

4.  His completion of over 20 years of qualifying service now being recorded, the applicant should be placed in the Retired Reserve effective 31 January 2001 and entitled to retired pay effective 1 February 2001.

5.  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.  revoking the orders that discharged the applicant effective 1 January 2000 and 31 January 2001;

	b.  crediting the applicant with continued Ready Reserve service and all earned retirement points through 31 January 2001; and

	c.  transferring him to the Retired Reserve with entitlement to retired pay effective 1 February 2001.

BOARD VOTE:  

__iw____  __gw____  ___fe___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Irene N. Wheelwright_____
		        CHAIRPERSON

INDEX

CASE ID	AR2001056032	
SUFFIX		
RECON		
DATE BOARDED	20010809	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	136.03	
2.		
3.		
4.		
5.		
6.