PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  4 December 2001
	DOCKET NUMBER:  AR2001059467

	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. Joann Langston		Chairperson	
	Mr. Eric N. Andersen		Member	
	Ms. Margaret K. Patterson		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 his records be corrected to show that he has completed 20 years of qualifying service for retirement at age 60.

3.  The applicant states that his many different active duty and Reserve Component assignments made it difficult to keep his retirement points current.  He believed that he had completed the required time for retirement.

4.  The applicant’s military records show that he had over 10 years prior active duty when he enlisted in the Army National Guard (ARNG) on 28 September 1984.  On 25 June 1987, he was discharged from the ARNG and transferred to an Army Reserve unit.  He served on active duty in Southwest Asia during the Gulf War from 17 November 1990 to 31 May 1991.  He reenlisted for 3 years effective 4 April 1992, establishing his expiration of his term of service (ETS ) as 3 April 1995.  He continued to participate in Reserve training until his voluntary transfer to the Individual Ready Reserve (IRR) effective 20 June 1994.  Effective 12 December 1995, the applicant was discharged from the IRR by reason of ETS.  There is no evidence of record to show that he was ever issued a notification of eligibility for retired pay at age 60 (20-year letter).

5.  Correspondence in the applicant’s records show that he had made numerous attempts to correct his retirement point records.  Between October 1995 and February 2001 he was recorded with between 17 years and 11 months and 20 years and 2 months qualifying service for retirement.  A final corrected summary of his retirement points, prepared by the Army Reserve Personnel Command, shows that he is credited with 19 years, 9 months, and 18 days qualifying service for retirement.  Of special interest is that he is credited with only 39 retirement points for his retirement year ending on 27 September 1994, when he voluntarily was transferred from his Reserve unit to the IRR.  Additionally, he was credited with 60 Reserve Component unit training points for his retirement year ending on 27 September 1986.

6.  Army Regulation 135-178 provides for the separation of enlisted soldiers.  Chapter 11 states that the separation authority, on ETS, will discharge the soldier.  It also states that a soldier will not be kept past his ETS without his consent or under other operation of law.

7.  Army Regulation 140-10 prescribes the policy and procedures for transfer to the Retired Reserve.  It provides for transfer to the Retired Reserve for soldiers who have completed a minimum of 20 qualifying years for retired pay at age 60.  It also provides that the individual must request transfer to the Retired Reserve in writing or be discharged upon ETS or upon reaching mandatory removal.

8.  Army Regulation 140-111 provides policy for the Army Reserve reenlistment program.  It provides, in pertinent part, that a DA Form 4644-R (reenlistment data) will be used to inform the soldier of his options.  There was no DA Form 4644-R in the available record to indicate that the applicant was advised of his options to include transfer to the Retired Reserve.

CONCLUSIONS:

1.  Notwithstanding that the applicant was appropriately discharged from the IRR at his ETS, it is reasonable to assume that he believed, at that time, that he had completed 20 qualifying years of service for retirement at age 60 or that he would have reenlisted and continued to participate until completing the required length of service.

2.  The applicant has sufficient excess retirement points that can be redistributed to his unqualifying retirement year ending on 27 September 1994.  This redistribution would not involve awarding additional retirement points, entitlement to additional drill pay, or adding an additional period of service.

3.  It would now be in the interest of justice to redistribute the necessary excess retirement points from his retirement year ending on 27 September 1986, to his retirement year ending on 27 September 1994, and showing that retirement year as qualifying for retirement.

4.  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 by 

	a.  revoking his discharge order of 12 December 1995;

	b.  redistributing the necessary excess retirement points from his retirement year ending on 27 September 1986, to his retirement year ending on 27 September 1994, and showing that retirement year as qualifying for retirement;

	c.  transferring him to the Retired Reserve effective 12 December 1995 with entitlement to elect options under the Survivor Benefit Plan; and

	d.  paying him retired pay effective the date of his 60th birthday.

BOARD VOTE:  

__jl___  ___ea___  ___mp___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Joann Langston___
		        CHAIRPERSON

INDEX

CASE ID	AR2001059467	
SUFFIX		
RECON		
DATE BOARDED	20011204	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	136.04	
2.		
3.		
4.		
5.		
6.