PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  9 August 2001
	DOCKET NUMBER:  AR2001056414

	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 reinstated in the Ready Reserve.  In the alternative, he requests to be transferred to the Retired Reserve.

3.  The applicant states that he miscalculated his training days and only earned 37 points for his Retirement Year Ending (RYE) September 2000.  He did not receive a waiver application for that RYE and was discharged for failure to earn sufficient retirement points.  He has approximately 2-years remaining on his current enlistment and would like to complete his remaining service.

4.  The applicant’s military records show that he was serving in the pay grade of E-7 as an Individual Mobilization Augmentee (IMA) when he reenlisted for 5-years on 10 February 1998.  His date of rank was 5 July 1979.

5.  The applicant was issued his Notification of Eligibility for Retired Pay at Age 60 (20-year letter) on 25 March 1999.  The letter stated that individuals who have completed 20-years of qualifying service must earn a minimum of 50 points each year to be retained in an active status.  The letter also stated that a one-time waiver for valid reasons, such as personal hardship, might be approved.

6.  On 2 March 2001, the applicant was issued annual training orders beginning on 29 April 2001.  On 26 March 2001 a government funded airline ticket was issued for the applicant’s travel.  On 27 March 2001 the applicant was discharged effective 19 March 2001, under the authority of Army Regulation 135-178, for failure to earn sufficient retirement points in the preceding year.

7.  A review of the applicant’s retirement points history shows that during the past 14-years of Ready Reserve service he failed to earn a qualifying year for retirement on five occasions, including his RYE for September 2000.  He has     24-years of qualifying service for retirement at age 60.

8.  Army Regulation 135-91 provides the Reserve Component policy for participation requirements and enforcement procedures.  It provides, in pertinent part, that members who have accrued 20-years of qualifying service for retired pay must attain 50 retirement points annually to be retained in an active status.  Soldiers failing to earn sufficient retirement points will be processed for removal.

9.  Army Regulation 140-10 provides the Army Reserve policy for assignments and removal from an active status.  It provides that a soldier may request a one time exception to removal from an active status for failure to earn the minimum 50 retirement points if that nonparticipation was due to circumstances beyond his or her control.

CONCLUSIONS:

1.  The applicant failed to earn sufficient retirement points for his RYE of September 2000 and was discharged in accordance with applicable regulations.

2.  The Board does not question the applicant’s contention that he never had the opportunity to request a one-time exception to removal.  However, his stated reason for failure to earn 50 points in that RYE did not meet the exception requirements and it is highly likely that his request would have been disapproved.

3.  The applicant’s request for an exception; however, would not have denied him the opportunity to further request transfer to the Retired Reserve.  He was fully eligible for transfer to the Retired Reserve and should now be provided that opportunity.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case for the individual concerned be corrected by:

	a.  revoking the order that discharged him effective 19 March 2001; and

	b.  transferring him to the Retired Reserve effective 19 March 2001.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__iw___  ___gw__  ___fe___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Irene N. Wheelwright___
		        CHAIRPERSON

INDEX

CASE ID	AR2001056414	
SUFFIX		
RECON		
DATE BOARDED	20010809	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT Partial	
REVIEW AUTHORITY		
ISSUES         1.	136.03	
2.		
3.		
4.		
5.		
6.