PROCEEDINGS

	IN THE CASE OF:  .

	BOARD DATE:  1 November 2001
	DOCKET NUMBER:  AR2001057937

	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. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Arthur A. Omartian		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, in effect, that he, a U. S. Army Reserve (USAR) Chief Warrant Officer Four in Military Intelligence, be extended in the active Reserve beyond his 62nd birthday, 1 June 2001, to 25 October 2001, the retirement year ending date for his 20th year of service, so that he can qualify for retirement and retired pay.

3.  The applicant states, in effect, that he is in his 20th year qualifying for retirement, 26 October 2000 – 25 October 2001, and has earned over 
161 retirement points in this year, but he will not be able to finish the year and receive credit qualifying for retirement since his 62nd birthday is on 1 June 2001, the date he is subject to discharge.  After 19 years and 8 months of faithful service qualifying for retirement, it is unfair and unjust to be denied retirement.  The years 1989 and 1990 should have been good years qualifying for retirement but he has been unable to obtain documentation to correct this error.

4.  The applicant’s military records show that as of the retirement year ending date 25 October 2000, he has 19 years qualifying for retirement.  This includes the prior 10 consecutive years beginning on 26 October 1990, while serving in the USAR as a warrant officer; 5 years from 26 October 1979 through 25 October 1984, while enlisted in the Navy Reserve, enlisted in the Army National Guard (ARNG), and then a warrant officer in the ARNG and the USAR; and 4 years from 7 December 1956 through 6 December 1960, while enlisted in the Air Force, after which he was transferred to the Air Force Reserve. He had a break in service from 7 December 1962 to 25 October 1979.

5.  As a Reservist, the applicant recently served on an active duty for special work (ADSW) short tour from 15 October 2000 through 23 March 2001, with 
Joint Task Force Six.  While on tour, he requested a 6-month extension in his USAR status by letter to the Army Reserve Personnel Command 
(AR-PERSCOM), dated 21 February 2001.  He stated that he had passed the Army Physical Fitness Test in October 2000 and had a current physical which met the Army medical fitness standards.  AR-PERSCOM did not have the authority to extend his Reserve status beyond his 62nd birthday.

6.  On 7 May 2001, AR-PERSCOM published orders D-05-123075, honorably discharging the applicant from the USAR, effective 7 May 2001.

7.  The applicant’s 62nd birthday was on 1 June 2001.

8.  In accordance with Army Regulation (AR) 135-175 (ARNG and Army Reserve Separation of Officers), paragraph 4-4, Reserve officers who attain maximum allowable age as prescribed in AR 140-10, will be removed from an active Reserve status by discharge or transfer to the Retired Reserve if eligible

according to AR 140-10, paragraph 6-1.  In accordance with AR 140-10 (Army Reserve Assignments, Attachments, Details, and Transfers), paragraph 7-3, the maximum allowable age is 62 years old.  Removal will be by discharge, or transfer to the Retired Reserve if a total of 20 years of active or inactive service in the Armed Forces have been completed.  Removal will be on the last day of the month in which the officer turns age 62.

CONCLUSIONS:

1.  The applicant had achieved the retirement points in his 20th year for that year to qualify for retirement with respect to the number of points.  He lacked 
5 ½ month’s time in a Reserve status to complete his 20th year on 25 October 2001, due to turning age 62 on 1 June 2001.  According to regulation, the applicant was subject to separation on 30 June 2001, the last day of the month in which he turned age 62.  However, AR-PERSCOM published discharge orders with an incorrect effective date of 7 May 2001.  While separation in the middle of his 20th year on the last day of the month in which he turned age 62 is according to regulation, it is unfair and unjust to deny the applicant retirement after 19 years and 6½ months of faithful service.  He states that he had performed the service to qualify for retirement before turning age 62 but the retirement point accounting for the years 1989 and 1990 was incorrect and he has not been able to obtain records to correct the account.  It would, therefore, be appropriate, as an exception, to revoke the applicant’s 7 May 2001 discharge, extend his active Reserve status in the Individual Ready Reserve (IRR) to 25 October 2001, and then transfer him to the Retired Reserve.  His records should then show that the year 26 October 2001 through 25 October 2001 qualified for retirement and that he has 20 years qualifying him for retirement.  With these actions completed, the applicant will then be eligible to apply for retired pay.

2.  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 for the individual concerned by:

	a.  revoking the AR-PERSCOM discharge orders D-05-123075, dated 
7 May 2001;

	b.  extending him in an active Reserve status in the IRR to 25 October 2001; and

	c.  transferring him to the Retired Reserve on 25 October 2001 after completing 20 years qualifying for retirement.

BOARD VOTE:  

__wm___  __cg___  __ao____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Walter T. Morrison___
		        CHAIRPERSON

INDEX

CASE ID	AR2001057937	
SUFFIX		
RECON		
DATE BOARDED	20011101	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	136 – Retirement Separation	
2.		
3.		
4.		
5.		
6.