PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  17 October 2002
	DOCKET NUMBER:  AR2002072126

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Ms. Margaret V. Thompson		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 he be transferred to the Retired Reserve.

3.  The applicant states that he has 26 years of qualifying service for retired pay.

4.  The applicant’s military records show that he was issued a Notification of Qualification for Retired Pay at Age 60 (20-year Letter) on 15 October 1987.  On 10 August 1993, an Active Guard/Reserve (AGR) Officer Continuation Board reviewed the applicant's records.  On 5 October 1993 the applicant was notified that he was not recommended for continuation and he would be released from active duty.

5.  On 27 October 1993, orders were issued for the applicant to begin separation processing on 15 November 1993.  There is no separation order or a DD Form 214 (Certificate of Release or Discharge From Active Duty) in the available records for this period of service.

6.  Effective 4 November 1996, the applicant was discharged in the grade of major from the Individual Ready Reserve for non-participation under the authority of Army Regulation 135-175.  A Summary Points Inquiry, dated 9 April 2002, shows that the applicant was not credited with any retirement points for Reserve participation from 22 April 1993 through 4 November 1996.

7.  Army Regulation 135-175, in effect at the time, provided the policy for the separation of Army Reserve officers.  Beginning on 24 February 1992, removal for failure to earn sufficient retirement points for retention was reestablished.  An officer in the Ready Reserve who had completed a minimum of 20 qualifying years for retired pay at age 60 must earn a minimum of 50 retirement points per retirement year to be retained in an active status.  A waiver of one additional year may be granted for cogent reasons.  The regulation also provided that the officer would be informed when he or she did not meet the requirement and offered the option of discharge or transfer to the Retired Reserve.  If the officer failed to elect transfer to the Retired Reserve within 30 days of the date of notification, the officer would be discharged.  There are no documents in the available record to show that the applicant was informed of his options.

CONCLUSIONS:

1.  Although the applicant's removal from an active status was required and authorized under regulations then in effect, it appears that he may not have been provided the options required of the regulation concerning transfer to the Retired Reserve.

2.  It is reasonable to believe that the applicant would have requested transfer to the Retired Reserve if offered that option versus discharge and have no military standing.

3.  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 for the individual concerned be corrected by:

a.	revoking the discharge orders of the individual concerned effective 4 November 1996; and

b.	showing that he was transferred to the Retired Reserve effective 4 November 1996.

BOARD VOTE:  

__jl___  ___rd___  ___mt_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Joann Langston___
		        CHAIRPERSON

INDEX

CASE ID	AR2002072126	
SUFFIX		
RECON		
DATE BOARDED	20021017	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	136.03	
2.		
3.		
4.		
5.		
6.