PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  20 November 2001
	DOCKET NUMBER:  AR2001059607

	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. Jennifer L. Prater		Chairperson	
	Ms. Regan K. Smith		Member	
	Mr. Melvin H. Meyer		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 he be transferred to the Retired Reserve.

3.  The applicant states that, while trying to obtain an identification card, it was discovered that he was no longer in the Ready Reserve and had been discharged.  He never received the letter from the Army Reserve Personnel Command (AR-PERSCOM) notifying him of his options.  He believed that he had elected transfer to the Retired Reserve at an earlier date.

4.  The applicant’s military records show that he was serving in a unit of the Army Reserve (USAR) in the pay grade of O5.  Effective 15 June 1998, he was transferred to the Individual Ready Reserve (IRR) at his own request.

5.  According to the advisory opinion provided by the AR-PERSCOM, the applicant was discharged effective 1 September 2000, for failure to respond to an option letter that was mailed to his address of record.  Because he had failed to earn the required 50 retirement points during his previous retirement year to remain in an active status, he was discharged.  The advisory opinion notes that the applicant was discharged in accordance with regulations, but that favorable action on his request was recommended.  The applicant failed to respond to the advisory opinion in over 2 ½ months.

6.  Army Regulation 135-175 provides for the separation of officers.  It provides that an officer who has 20 or more years of qualifying service for retirement and fails to attain 50 retirement points during the retirement year will be removed from an active status by discharge or, if requested, transfer to the Retired Reserve.

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 or be discharged.

CONCLUSIONS:

1.  The applicant was discharged in accordance with policy and regulations and there was no error in that discharge.

2.  Notwithstanding the appropriateness of the discharge action, it would be in the interest of justice to allow the applicant to be transferred to the Retired Reserve.

3.  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 for the individual concerned be corrected by:

a.	revoking the discharge orders of the individual concerned effective 1 September 2000; and

b.	showing that he was transferred to the Retired Reserve effective 1 September 2000.

BOARD VOTE:  

___jp___  __rs____  ___mm__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Jennifer L. Prater___
		        CHAIRPERSON

INDEX

CASE ID	AR2001059607	
SUFFIX		
RECON		
DATE BOARDED	20011120	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	136.03	
2.		
3.		
4.		
5.		
6.