PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  16 January 2003
	DOCKET NUMBER:  AR2002073334

	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. Raymond V. O'Connor, Jr.		Chairperson	
	Ms. Marla J. Troup		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 that he be returned to an active status to earn an additional 5 retirement points to qualify for retirement at age 60.

3.  The applicant states that he believed he had 20 years of qualifying service but his Chronological Statement of Retirement Points only shows 19 years, 11 months, and 25 days.

4.  The applicant’s military records show that he served on active duty from 27 June 1973 to 21 June 1976 for 2 years, 11 months, and 25 days and was transferred to the Army Reserve.  After a break in service, he reenlisted in the Army Reserve and continued to serve through a series of reenlistments.  He was promoted to the pay grade of E-5 effective 17 January 1982.

5.  Sometime after December 1997, he was transferred to the Individual Ready Reserve (IRR).  The applicant's last year of qualifying service for retirement ended on 20 February 1998 with the crediting of 50 points.  The statement does show that between 1982 and 1997, the applicant earned retirement points in excess of the minimum required for a qualifying year.

6.  The applicant's Chronological Statement of Retirement Points shows that he earned 20 retirement points for completion of correspondence courses between February 1999 and February 2001.  However, he failed to earn sufficient points for a qualifying year during this period.

7.  Effective 11 September 2001, the applicant was discharged with 19 years, 11 months, and 25 days qualifying service for retirement at age 60.  According to the Soldier Management System at the Army Reserve Personnel Command 
(AR-PERSCOM), he was discharged for failing to meet medical retention standards.  There is no evidence of record that he was issued a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter).

8.  Army Regulation 135-180 states in paragraph 2-3, that a 20-Year Letter will be issued to the Reserve Component soldier within 1 year after they complete 20 years of qualifying service for retirement.  This letter will be issued by the Chief, National Guard Bureau for ARNG soldiers, and the Commander, 
AR-PERSCOM for USAR soldiers.  The same regulation provides policy for the granting of retired pay to soldiers and former Reserve Component soldiers.  It states, in pertinent part, that pay is granted after completion of 20 or more years of qualifying service and upon attainment of age 60.

9.  Army Regulation 140-10 sets forth the basic authority for the assignment, attachment, detail, and transfer of USAR soldiers.  Chapter 7 of the regulation relates to the removal of soldiers from an active status and states, in pertinent part, that soldiers removed from an active status will be discharged or, if qualified and if they so request, will be transferred to the Retired Reserve. 

CONCLUSIONS:

1.  The applicant was discharged for failure to meet medical retention standards with 19 years, 11 months, and 25 days service qualifying for retirement at age 60.  He is not entitled to return to an active status to earn additional retirement points.  His record does show that he had numerous years where he earned additional retirement points in excess of the minimum required for a qualifying year.

2.  It would now be in the interest of justice and equity to revoke his discharge and correct the applicant's records to show that he has attained 20 years of qualifying service for retirement at age 60 and transferring him to the Retired Reserve.

3.  The Board believes that it would be just and equitable to redistribute the 20 retirement points for completion of correspondence courses between 21 February 1999 and 20 February 2001 to his retirement year ending on 20 February 1999, his first unqualifying year in the IRR.

4.  The additional 15 retirement points necessary for a qualifying year ending on 20 February 1999 may be obtained through the redistribution of excess active or inactive duty retirement points in years prior to 21 February 1997.

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

RECOMMENDATION:

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

	a.  by revoking his 11 September 2001 discharge from the IRR;

	b.  by redistributing the 20 retirement points for completion of correspondence courses between 21 February 1999 and 20 February 2001 to his retirement year ending on 20 February 1999;

	c.  by obtaining the additional 15 retirement points necessary for a qualifying year ending on 20 February 1999 through the redistribution of excess active or inactive duty retirement points in years prior to 21 February 1997;

	d.  by correcting his records to show that he has completed 20 years of qualifying service for retirement at age 60 on 20 February 1999, issuing him a 20-Year Letter, and transferring him to the Retired Reserve effective 21 February 1999.

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

BOARD VOTE:  

__ro____  __mt___  ___ao___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O'Connor, Jr.__
		        CHAIRPERSON

INDEX

CASE ID	AR2002073334	
SUFFIX		
RECON		
DATE BOARDED	20030116	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.	136.03	
2.		
3.		
4.		
5.		
6.