PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           7 March 2002
	DOCKET NUMBER:   AR2001061241

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr. 		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith		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 reconsideration of his request for a 15-year US Army Reserve (USAR) retirement.

3.  The applicant states that, according to the Retired Military Almanac, after a person has been notified of his eligibility to receive retired pay at age 60, that eligibility may not be denied or revoked.  In effect, he states that his commander notified him that he was eligible for the Selective Reserve Transition Benefit Program (SRTBP) and he elected early retirement.  He adds that when he applied for retired pay in late 1997, the US Army Reserve Personnel Command (AR-PERSCOM) informed him that he was not eligible for retired pay as he did not have the requisite 15 years of service.  He concludes that his treatment by the Army is an insult adding, “Yes, I’m retired from the Army, but I don’t get retirement pay, nor retirement benefits, and have been robbed of my option to get separation pay.”

4.  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of the applicant’s case on 27 June 2000 (AR1999028792).  The applicant was born on 11 April 1929 and is a medical doctor.  He was a Lieutenant Colonel, Medical Corps, with 12 years of qualifying service in the USAR and an active member of a USAR Troop Program Unit until his unit was downsized and his position was eliminated.  On 20 September 1995, his commander notified him by letter that he was eligible for the SRTBP and provided him with an election form to complete.  

5.  The SRTBP was established in response to a required post-Cold War force drawdown and the need to fairly and equitably treat Reserve Component soldiers for their military service.  Affected were any Selected Reserve personnel who lost their paid drill positions due to inactivation, relocation or reorganization of their units during the drawdown period (1 October 1991-30 September 1999).  Special benefits included separation pay and early qualification for retired pay at age 60 wherein members with at least 15, but less than 20 years of qualifying service could elect to transfer to the Retired Reserve, and those with at least 6, but less than 15 years of qualifying service could receive separation pay.

6.  The applicant was erroneously led to believe that he qualified for early retirement pay and elected to transfer to the Retired Reserve effective 16 October 1996.  When he applied for retired pay, AR-PERSCOM informed him on 26 June 1998 that he did not have 15 qualifying years of service and could not receive retired pay.

7.  When he applied to the Army Board for Correction of Military Records, this Board saw no unfairness or inequity in the applicant’s being denied a 15-year retirement.  Expressing the views of the Board, the Deputy Assistant Secretary of the Army offered that, although the applicant may have been mislead to believe he qualified for early retirement, he should have known that he did not have the requisite number of qualifying years of service.  His request for a 15-year retirement was denied.

CONCLUSIONS:

1.  The applicant’s argument that he should be permitted to retire based upon the issuance of an eligibility letter is without merit.  The applicant was never issued a retirement eligibility letter; such letters, called 20-year letters, are issued by AR-PERSCOM and not by individual TPU commanders.  The applicant was issued a letter with subject:  Selective Reserve Transition Benefit Program.

2.  The applicant never would have qualified for any type of retirement due to his advanced age and the qualifying service accrued by him; he never could have reached the 15 or 20-year mark.

3.  Under the SRTBP, it appears that the applicant would have qualified for separation pay based upon his having at least 6, but less than 15 years of qualifying service.  Had he not been led to believe that he qualified for a 15-year retirement, it seems likely he would have elected the separation pay option.

4.  As a matter of fairness and equity, it would be appropriate to change the applicant’s SRTBP election from that of taking a 15-year retirement to taking separation pay at the time of his 16 October 1996 departure from his TPU.

5.  In view of the foregoing, the applicant’s records should be corrected, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by:

	a.  Voiding the transfer of the individual concerned from his TPU to the Retired Reserve on 16 October 1996;

	b.  Separating the individual concerned from his TPU and the USAR on 16 October 1996; and

	c.  Paying to him separation pay under the appropriate formula established by the Selective Reserve Transition Benefit Program for members who have at least 6 years, but less than 15 years of qualifying service.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__RVO__  __JPI ___  __RKS__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Raymond V. O'Connor, Jr.  _
		        CHAIRPERSON

INDEX

CASE ID	AR2001061241	
SUFFIX		
RECON		
DATE BOARDED	20020307	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	DASA	
ISSUES         1.	136.0300	
2.		
3.		
4.		
5.		
6.