MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            29 November 2001                  
	DOCKET NUMBER:   AR2001056339

	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	
	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. John P. Infante		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 he be reinstated into the Individual Ready Reserve (IRR) for “points only” drill status.

APPLICANT STATES:  That he has been on active drill status as a points only Reservist since 1994.  He states that he has been passed over three times for lieutenant colonel while serving in the IRR.  He is not sure if his current records reflect his status despite his efforts to update them.  He claims that he submitted his “1380’s” after his last drill in December, but after he had been discharged.  He contends that he has completed six good years and has worked in civilian clothes on his seventh year.  In conclusion, he states that he has 17 years, 8 months and 24 days total service.  In support of his application, he submits a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), two memorandums, two SWC Forms 2503 (Retirement Year Credit Hours), DA Form 1058-R (Application for Active Duty for Training, Active Duty for Special Work, Temporary Tour of Active Duty, and Annual Training for Soldiers of the Army National Guard and U.S. Army Reserve), three orders, DA Form 4037 (Officer Record Brief), ARPC Form 249-2-E (Chronological Statement of Retirement Points), his retirement points accounting system (RPAS) statement, DA Form 1380 (Record of Individual Performance of Reserve Duty Training), his Academic Transcript, three notifications of promotion status, and four DA Forms 67-8 (Officer Evaluation Report).

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

The applicant was appointed as a Reserve commissioned officer on 20 December 1980.  He was ordered to active duty on 19 January 1981.  He was appointed as a second lieutenant in the Regular Army effective 1 May 1981.  

He continued to serve on active duty until he was honorably released from active duty on 30 September 1992 in the rank of captain and was transferred to the U.S. Army Reserve (USAR) Control Group (IRR).

On 6 October 1992, the applicant accepted appointment as a Reserve commissioned officer in the rank of captain in the U.S. Army Reserve.  

The applicant provided a copy of U.S. Army Reserve Personnel Center (ARPERCEN) Orders C-01-501607, dated 23 January 1995, which attached him to Company C, 1st Battalion, 20th Special Forces Group for training and points only drill status effective 23 November 1994.

The applicant was notified by the U.S. Total Army Personnel Command on 2 February 1995 that he was selected for promotion to major with an effective date of 1 April 1994 and a promotion eligibility date of 19 December 1992.  

The applicant also provided a copy of ARPERCEN Orders C-03-709178, dated 6 March 1997, which attached him to Company B, 5th Special Forces Battalion, 20th Special Forces Group for points only drill status effective 6 March 1997.

The applicant’s DA Form 1380 (Record of Individual Performance of Reserve Duty Training), dated 27 January 2001, shows he performed drill on nine separate occasions between 22 October 2000 and 26 January 2001.

On 25 March 1999, the applicant was notified that he was nonselect for promotion to lieutenant colonel.  At that time, he was advised that all eligible officers should receive two opportunities for promotion and that if he remained eligible, he should be considered for promotion the next year.

On 9 May 2000, he was notified that he was nonselect for promotion to lieutenant colonel after a second consideration by a selection board.  

On 8 March 2001, the applicant was notified a third time that he was nonselect for promotion.

Evidence of record shows the applicant completed 20 years of commissioned service effective 19 December 2000.  However, records also show that, as of 19 December 2000, the applicant had completed less than 18 years of qualifying service for non-regular retirement at age 60.

Orders were published by the U.S. Army Reserve Personnel Command on 11 January 2001, which discharged the applicant from the USAR under the provisions of Army Regulation 135-175, effective 11 January 2001.

A Retirement Points Accounting Statement, dated 17 October 2001, shows that his retirement points have been correctly listed through the retirement year ending 19 December 2000.

Title 10 United States Code, Section 14506 provides that an officer in the reserve grade of major who was considered but not recommended for promotion by two selection boards shall be transferred to the Retired Reserve, if qualified and makes application, or shall be discharged from his reserve appointment, if not qualified for transfer to the Retired Reserve, upon completion of 20 years of commissioned service.

Army Regulation 135-155, paragraph 4-29, states that a member whose removal from active Reserve status is required by law must be removed within the prescribed time limits unless eligible for retention based on remaining obligated service or based on more than 18 years but less than 20 years service.

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.  The applicant began his commissioned officer service on 20 December 1980.

2.  The applicant was promoted to the rank of major effective 1 April 1994.

3.  Records show the applicant was not selected for promotion to lieutenant colonel three times.  

4.  The applicant completed 20 years of commissioned service on 19 December 2000.  However, he had less than 18 years of qualifying service creditable for non-regular retirement at age 60.

5.  Based on the applicant’s three nonselections to lieutenant colonel, the law required that he be transferred to the Retired Reserve or discharged upon completion of 20 years of commissioned service.  Inasmuch as the applicant did not qualify for transfer to the Retired Reserve, the law mandated his discharge from the Army Reserve.  

6.  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.

7.  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

RVO____  JPI_____  WDP_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001056339	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011129	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	20010111	
DISCHARGE AUTHORITY	AR135-175 .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.0300	
2.		
3.		
4.		
5.		
6.