MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           30 April 2002                   
	DOCKET NUMBER:  AR2001066165

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian  		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Mr. Thomas E. O'Shaugnessy, Jr.		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS: In effect, that his status be changed from discharged to Retired Reserve, effective 1 May 1987.

APPLICANT STATES: That, to the best of his knowledge, he was never provided with any written material that explained the different options, nor was he ever sent any form which had the different options, so he could have selected retired reserve.  He provides a 3-page statement in his own behalf, a letter from the Army Reserve Personnel Command (AR-PERSCOM) that approves his retired pay under Title 10, United States Code, Section 12731, an order placing him on the retired list effective 28 February 2002, a copy of his retirement certificate, an order discharging him from the Reserve, and a letter from his physician advising him, at his request, of his Coronary Arterial Disease, which resulted in a Myocardial Infarction (Heart Attack) in December 1999.

In his personal statement, he contends that a CPL (corporal) told him that it would have been more advantageous for him to have been transferred to the Retired Reserve in 1987.  In addition, he discusses his medical condition as an information point.

EVIDENCE OF RECORD:  The applicant's military records show:

During the period 7 November 1963 through 1 May 1987 (23 years, 5 months and 25 days), the applicant was a member of the Colorado Army National Guard (COARNG).

On 24 February 1984, he was issued a letter of notification of eligibility for retired pay at age 60.

On 30 January 1987, he was notified that a Qualitative Retention Board would convene on 28 and 29 March 1987 and that his Military Personnel Records Jacket (MPRJ) had been prepared for submission to that board.  He was encouraged to review his MPRJ prior to the board.  On this letter was an acknowledgement portion for the individual concerned to make his election, if he was not selected for retention.  Those choices were: (1) Transfer to Control Group (Reinforcement) of the Individual Ready Reserve (IRR), (2) Transfer to the Retired Reserve or (3) Honorable Discharge.

On 3 February 1987, the applicant signed and dated his selection to be transferred to the Control Group (Reinforcement) of the IRR.

On 3 April 1987, The Adjutant General, COARNG, notified the applicant that he had not been considered for qualitative retention and was not selected.  He advised the applicant that, not later than 1 May 1987, he would be separated according to the option he had previously selected by endorsement.

On 1 May 1987, he was transferred to the Control Group (Reinforcement), the IRR, as he had requested.

On 7 May 1992, the Chief, Soldier Support Division, AR-PERSCOM notified the applicant that his term of service had expired and advised him that he had the option of selecting either a transfer to the Retired Reserve or a discharge, and that if he did not respond he would be discharged.

He did not respond to the notification and was processed for discharge.

Effective 25 March 1993, he was honorably discharged from the Control Group (Reinforcement).  

On 19 October 2001, the Chief, Transition and Separations Branch, AR-PERSCOM notified the applicant that his application for retired pay at age 60 had been approved.  He was placed on the Retired list on 28 February 2002, on his 60th birthday.  He was advised to notify the Director, Retired Pay, Defense Finance and Accounting Service (DFAS), Cleveland, Ohio 44199-1126 of any change in his mailing address or status.    

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The evidence of record clearly shows the applicant was provided a list and explanation of all of his options, and on 3 February 1987 he signed and dated his selection to be transferred to the Control Group (Reinforcement) of the IRR.

2.  Again in May 1992 at the expiration of his term of service he was provided his options.  His failure to respond resulted in his discharge.  There is no error or injustice.

3.  He has been placed on the Retired List effective 28 February 2002.

4.  The Board recommends the applicant contact qualified financial personnel at DFAS to obtain any information about his years of service for which his retirement payments are based.

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement

6.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________ GRANT

________  ________  ________ GRANT FORMAL HEARING

_teo____  _hof____  _aao__        DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001066165	
SUFFIX		
RECON		
DATE BOARDED	20020430	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	136	
2.		
3.		
4.		
5.		
6.