PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  26 November 2002
	DOCKET NUMBER:  AR2002073095

	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:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Herbert O. Fry		Member	
	Mr. Roger W. Able		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 that his discharge be revoked and he be transferred to the Retired Reserve.

3.  The applicant states that he was not aware that he must earn 50 retirement points per year to remain in a Ready Reserve status after completion of 20 years of qualifying service for retirement.

4.  The applicant’s military records show that he was a member of the Individual Ready Reserve (IRR) and had completed 20 years of qualifying service for retired pay effective 3 March 1997.  Effective 25 October 1999, he was discharged from the IRR for failure to earn sufficient retirement points to remain in an active status.

5.  In the processing of this case an advisory opinion was provided by the Army Reserve Personnel Command.  The opinion notes that the applicant was discharged when he failed to respond to an option letter concerning his potential discharge or transfer to the Retired Reserve.  However, the opinion recommended granting the applicant's request.  The applicant concurred with the advisory opinion.

6.  Army Regulation 140-10 provides for removal of soldiers from an active status.  It provides that a soldier who has accrued 20 years of qualifying service for retired pay must earn 50 points annually to be retained in an active status or be discharged or transferred to the Retired Reserve when requested by the soldier.

CONCLUSIONS:

1.  The applicant was appropriately discharged from the Ready Reserve when he failed to earn sufficient retirement points to be retained.  He also failed to respond to an option letter offering him the opportunity to request transfer to the Retired Reserve.

2.  Notwithstanding the applicant's proper discharge, it would be appropriate, as a matter of fairness and equity, to revoke his discharge and allow him to be transferred to the Retired Reserve.

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 revoking his 25 October 1999 discharge and transferring him to the Retired Reserve effective 25 October 1999.

BOARD VOTE:  

__sc___  ___hf___  ___ra___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Samuel A. Crumpler_____
		        CHAIRPERSON

INDEX

CASE ID	AR2002073095	
SUFFIX		
RECON		
DATE BOARDED	20021126	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	136.03	
2.		
3.		
4.		
5.		
6.