PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            25 OCTOBER 2001
	DOCKET NUMBER:   AR2001060872

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Ronald E. Blakely		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 transfer to the Retired Reserve. 

3.  The applicant states that she wants transfer to the Retired Reserve instead of being discharged.  She states that she is an American diplomat who has been living in isolated areas, and did not receive the notification that she was to be discharged from the Army Reserve, unless she elected to be transferred to the Retired Reserve.  She has 25 years of qualifying service for retired pay at age 60 and wants to be retained in a military status should her services be needed.  She states that she has been informed by the Army Reserve Personnel Command (AR PERSCOM) that a 20-year letter was forwarded her in 1992, and that she was probably asked to make an election in 1996, but when no response was received, she was discharged.  She was also informed that the personnel system could not generate a duplicate 20-year letter. 

4.  The applicant provides copies of her military records showing orders effecting her assignment to various locations throughout the world, copies of her evaluation reports, personnel actions, discharge documents, promotion orders, officer record briefs, and so forth.  Her records show that she entered military service in 1967, was commissioned in the Army Reserves in 1968, and promoted to colonel in 1990.  Her chronological statement of retirement points, dated          2 June 2000, shows that she has 25 qualifying years of service for retirement at age 60 as of 26 May 1996.  That statement also shows that she earned 12 active duty points for the period 18 March 1996 to 29 March 1996 and 15 membership points through her RYE (retirement year ending) date of 26 May 1996.  

5.  On 3 October 2001 the applicant forwarded a copy of a 1996 order discharging her from the Army Reserve effective on 12 January 1996.  

6.  Army Regulation 140-10 provides for the removal from an active status of soldiers in the Army Reserve.  Soldiers removed from an active status will be discharged or transferred to the Retired Reserve.  Transfer to the Retired Reserve is authorized when requested by soldiers who are eligible.  Paragraph 6-1 of that regulation states that assignment to the Retired Reserve is authorized for soldiers who have completed a total of 20 years of active or inactive service in the Armed Forces.  Eligible soldiers must request transfer. 

7.  Army Regulation 135-180, paragraph 2-23, states in pertinent part that each Reserve components soldier who completes 20 qualifying years of service for retired pay will be notified in writing within 1 year after he or she has completed the service.    

CONCLUSIONS:

1.  The applicant has the necessary qualifying years of service for retired pay at age 60.  Her request to be transferred to the Retired Reserve is reasonable.   
2.  Consequently, the order discharging her from the Army Reserve on              12 January 1996 should be revoked.  That order is null and void and of no force or effect.  Furthermore, because she earned retirement points through her retirement year ending on 26 May 1996, she should have been retained in an active Reserve status on that date.  Consequently, her transfer to the Retired Reserve should be effective on 27 May 1996.

3.  The applicant should be notified that she has 20 qualifying years of service for retired pay at age 60 (20 year letter).

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 the Army Reserve Personnel Center Orders D-01-601544, dated 12 January 1996 discharging the applicant from the Army Reserve effective on 12 January 1996;

     b.  issuing the applicant a 20-year letter in accordance with the provisions contained in Army Regulation 135-180; and 
 
     c.  transferring the applicant to the Army Reserve Control Group (Retired Reserve) effective on 27 May 1996.

BOARD VOTE:  

__RJW__  __KAN __  __REB__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Raymond J. Wagner __
		        CHAIRPERSON

INDEX

CASE ID	AR2001060872	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011025	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	136.00	
2.	338	
3.		
4.		
5.		
6.