PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  5 February 2002
	DOCKET NUMBER:  AR2001059807

	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:

	Ms. June Hajjar		Chairperson	
	Mr. Roger W. Able		Member	
	Ms. Karol A. Kennedy		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 discharge be revoked and that he be transferred to the Retired Reserve.

3.  The applicant states that he was discharged instead of being transferred to the Retired Reserve and that he is concerned that when he turns age 60, he will not receive his retired pay.

4.  The applicant’s military records show that he was born on 15 July 1946.  He enlisted in the U. S. Army Reserve (USAR) on 23 May 1974.  He actively participated in the USAR and was promoted through the ranks to sergeant first class (SFC), pay grade E-7, on 13 July 1988.  On 26 August 1990, he was ordered to active duty in the Active Guard Reserve (AGR) program as a supply sergeant in the rank of staff sergeant (SSG) with a date of rank of 13 February 1983.  He was assigned to the 92nd Field Artillery in Akron, Ohio.  He was later transferred to the 967th Quartermaster Company in Cincinnati, Ohio, where he was assigned as the supply sergeant.

5.  On 1 July 1999, he was issued a U. S. Army Reserve Personnel Command (AR-PERSCOM) memorandum (20 year letter) notifying him that he was eligible for retired pay at age 60.  On 19 July 2000, he was honorably discharged from active duty in the AGR as a result of a reduction in force.  He was not transferred to any subsequent command.  He was discharged as a SSG with 11 years, 
1 month, and 2 days active service and 15 years and 25 days inactive service.  
He was provided $15,142.05 separation pay.

6.  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.

7.  The Transition and Separations Branch, AR-PERSCOM, provided an advisory opinion that the applicant will receive retired pay at age 60 without being in the gray area Retired Reserve but that he would not be entitled to any longevity increases that occur from the time he was discharged until attaining age 60 since during that time, he is not a member of the Army.  The advisory also indicated that the applicant would have to request transfer to the Retired Reserve.  The applicant responded to the advisory opinion requesting assignment to the Retired Reserve and stating that he had signed a waiver so that he could be called up for active duty.

8.  The advisory opinion also stated that the applicant would be provided an application for retired pay at approximately age 58.  The applicant would need to submit this application to receive retired pay.  The separation pay that he 

received would be recouped from his retired pay.  He will also need to submit a copy of his promotion order to SFC and a copy of his administrative reduction order for SSG AGR, in order to receive retired pay in pay grade E-7, since he served as an E-7 in the USAR for more than 180 days.

CONCLUSIONS:

1.  The applicant was eligible to be transferred to the Retired Reserve at the time of discharge since he had completed 20 years qualifying for retired pay at 
age 60.  He requested that he be placed in the Retired Reserve.  If he is not placed in the Retired Reserve, he will be denied benefits of being in the Retired Reserve.  As a matter of justice, his discharge should be corrected to show that he was released from active duty and transferred to the Retired Reserve.

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 showing that he was released from active duty and transferred to the Retired Reserve on 19 July 2000.

BOARD VOTE:  

__jh____  ___ra___  ___kk___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___June Hajjar__
		        CHAIRPERSON

INDEX

CASE ID	AR2001059807	
SUFFIX		
RECON		
DATE BOARDED	20020205	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	20000719	
DISCHARGE AUTHORITY	AR 635-200, para 16-8	
DISCHARGE REASON	Reduction in Force	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	129.02 – Revocation of Orders	
2.		
3.		
4.		
5.		
6.