PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  1 November 2001
	DOCKET NUMBER:  AR2001059195

	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, revocation of his orders transferring him from the Individual Ready Reserve (IRR) to the Retired Reserve; as an exception to regulation, granting a second waiver of the requirement to earn 50 retirement points during a retirement year to retain active Reserve status; and assigning him to Headquarters and Headquarters Detachment (Reinforcement Training Unit – RTU), 1405th Logistics Command, Unit Identification Code (UIC) Y64AAA, (1405th RTU), in Monclova, Ohio, to drill for points only; and credit him with retirement points for all the drills he has attended with the 1405th RTU.

3.  The applicant states, in effect, that he did all he could do to be assigned to a Reserve unit and earn retirement points, but due to being accepted by a unit in the middle of his retirement year, difficulty in obtaining assignment orders for the unit, and receiving his non-participation waiver in the middle of the year, he was only able to earn 46 retirement points instead of the 50 required to be retained in a Ready Reserve status.  Consequently, he was transferred to the Retired Reserve. He did all he could do to remain active, including reenlisting, attending all drill and active duty for training assignments, and passing the Army Physical Fitness Test.  He would like to be reinstated in the Ready Reserve and assigned to the 1405th RTU.

4.  The applicant’s military records show that he, an Army Reserve sergeant first class with 24 continuous years qualifying for retired pay at age 60, transferred from a Reserve Troop Program Unit (TPU) to the IRR on 17 October 1998, for cogent personal reasons.

5.  During his retirement year, 18 October 1998 through 17 October 1999, he earned only 15 membership retirement points.  Consequently, he was notified by memorandum from the Army Reserve Personnel Command (AR-PERSCOM), dated 19 January 2000, that since he had not earned a minimum of 50 points by his retirement year ending (RYE) date, he would be removed from the Ready Reserve or he could apply for a one-time waiver.  On 8 March 2000, the applicant applied for the waiver.  On 27 March 2000, AR-PERSCOM granted the requested one-time waiver in accordance with Army Regulation 140-10.

6.  On 11 January 2000, the applicant had applied for assignment to the 1405th RTU.  The unit lieutenant colonel commander approved the DA Form 4651-R (Request for Reserve Component Assignment or Attachment) on 11 January 2000, and forwarded it to Commander, AR-PERSCOM, for action.  There is no record that orders were issued to effect this assignment.  In spite of the lack of orders, the applicant did begin drilling with the unit and they reported his attendance for which he received retirement point credit in his retirement point account.  His retirement point record shows regular monthly drill attendance.  

However, since he had started mid year, by his RYE date he had only obtained 23 drill points, 8 active duty for training points, and 15 membership points for a total of only 46 points.  He applied to AR-PERSCOM to be continued in an 
active drill status.  His unit commander endorsed the request stating that the circumstances of not achieving 50 points was of a temporary nature, involved his unit transfer, and were unavoidable.  The commander also stated that the applicant had 100 percent attendance at all drills and strongly endorsed his membership in the unit.  However, AR-PERSCOM issued orders C-04-109617, dated 9 April 2001, transferring him from the IRR to the Retired Reserve effective 13 April 2001.  The applicant applied to this Board to reinstate him in the Ready Reserve and assign him to the 1405th RTU.  He has continued to drill with the 1405th RTU.

7.  According to Army Regulation 140-10, paragraph 7-3.1, a Reserve member who has accrued 20 year of qualifying service for retired pay at age 60 is required to earn 50 points annually to be retained in a Ready Reserve status.  This requirement may be waived on a one-time basis for cogent personal or temporary reasons.

CONCLUSIONS:

1.  The applicant has made every reasonable effort to remain in an Ready Reserve status and earn the required 50 retirement points by his RYE dates.  
He has been prevented from doing so by systemic problems beyond his control.  It would be appropriate as a matter of fairness, and as an exception to policy and regulation, to revoke the applicant’s orders transferring him to the Retired Reserve, assign him to the 1405th RTU effective 11 January 2000, and credit him with membership points and retirement points for all drills attended with the 1405th RTU.

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, as an exception to policy, by:

	a.  revoking AR-PERSCOM orders C-04-109617, dated 9 April 2001;

	b.  assigning him to HHD (RTU), 1405th Logistics Command (A), Unit Identification Code (UIC) Y64AAA, in Monclova, Ohio, effective 11 January 2000; 

	c.  crediting him with membership points and retirement points for all drills attended with the 1405th RTU; and
	d.  waiving the requirement for 50 retirement points to maintain active status for the retirement years 18 October 1999 through 17 October 2000, and 
18 October 2000 through 17 October 2001.

BOARD VOTE:  

__wm___  __cg___  __ao____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Walter T. Morrison___
		        CHAIRPERSON

INDEX

CASE ID	AR2001059195	
SUFFIX		
RECON		
DATE BOARDED	20011101	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	106.001 - Restoration	
2.		
3.		
4.		
5.		
6.