PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  27 August 2002
	DOCKET NUMBER:  AR2002069330

	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. Irene N. Wheelwright		Chairperson	
	Mr. Thomas Lanyi		Member	
	Mr. Arthur A. Omartian		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 from the U. S. Army Reserve (USAR) be voided and that he be transferred to the Retired Reserve.

3.  The applicant states, in effect, that he served in excess of 20 years in the USAR and qualified for retired pay at age 60.  He had thought he was transferred to the Retired Reserve but he was discharged instead.

4.  The applicant’s military records show that he served as an enlisted soldier in the Regular Army from 4 April 1979 through 11 May 1992.  He was honorably discharged as a sergeant, pay grade E-5, with a Special Separation Benefit (SSB) which was paid in one lump sum at the time of discharge.  He was transferred to the USAR Control Group (Individual Ready Reserve -IRR).  On 
12 May 1992, he enlisted in the USAR for 3 years.  On 24 January 1994, he enlisted in the Alabama Army National Guard for 6 years.  On 15 July 1998, he enlisted in the USAR for 6 years.  His retirement points statement shows that he was credited with good years for retired pay at age 60 for each year from 12 May 1992 through 15 March 1999, at which time he had a total of 23 years creditable for retired pay at age 60.  His last USAR Troop Program Unit was the 
412th Adjutant General Replacement Company in Pascagoula, Mississippi.  
On 23 September 1998, he was transferred to the IRR.  On 5 March 2001, the 
U. S. Army Reserve Personnel Command (AR-PERSCOM) issued the applicant a memorandum, subject: Notification of Eligibility for Retired Pay at Age 60 (Twenty Year Letter).  On 7 August 2001, AR-PERSCOM issued orders 
D-08-136916, honorably discharging him from the USAR due to non-participation.

5.  Army Regulation 140-10 prescribes the policy and procedures for transfer to the Retired Reserve.  It provides for transfer to the Retired Reserve, upon the request of the soldier, for soldiers who have completed a minimum of 
20 qualifying years for retired pay at age 60.  Soldiers who do not request transfer to the Retired Reserve after completing 20 qualifying years and remain in the active Reserve must earn a minimum of 50 retirement points each retirement year to remain in the active Reserve; if they do not, they are subject to discharge from the Reserve.

CONCLUSIONS:

1.  On 23 September 1998, the applicant had completed 23 years qualifying for retired pay at age 60 and was transferred to the IRR.  He was eligible for transfer to the Retired Reserve.  He received his twenty year letter on 5 March 2001, and was discharged from the USAR on 7 August 2001, for non-participation.  He should have been 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 revoking his 7 August 2001 discharge from the USAR and transferring him to the Retired Reserve, effective 7 August 2001.

BOARD VOTE:  

__iw___  __tl____  ___ao___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Irene N. Wheelwright___
		        CHAIRPERSON

INDEX

CASE ID	AR2002069330	
SUFFIX		
RECON		
DATE BOARDED	20020827	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	20010807	
DISCHARGE AUTHORITY	AR 135-175	
DISCHARGE REASON	Non-participation	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	110.03 - Reinstatement	
2.	100 – Administrative Matters	
3.		
4.		
5.		
6.