MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:  

		BOARD DATE:  30 September 2003
		DOCKET NUMBER:  AR2002073686

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Melvin H. Meyer		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 discharge from the Army Reserve be revoked and an extension of service be granted to allow him to retire.

APPLICANT STATES:  That he was discharged without the opportunity for additional recourse or to apply for an extension of his removal.  He provides no additional information or documentation in support of his application.

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

He was appointed and granted Federal Recognition as a Medical Corps major in the Army National Guard effective 25 March 1988.  His date of birth was 29 May 1942 and he had no prior military service.  The 1994 Reserve Components Selection Board did not select the applicant for promotion to lieutenant colonel (LTC).  The 1995 Reserve Components Selection Board selected him for promotion to LTC with a promotion eligibility date of 24 March 1996.  There is no information in the available record to show why he was not promoted.

Effective 20 May 2001 Federal Recognition was withdrawn and he was transferred to the Army Reserve, Individual Ready Reserve (IRR), in the rank of major.  Effective 21 May 2001, he was promoted to LTC with a date of rank of 24 March 1996.  The applicant was discharged from the Army Reserve effective 4 April 2002 based on attainment of maximum age.  The available records show that he was credited with 13 years of qualifying service for retirement.  There is no evidence that the applicant performed any duties creditable for award of retirement points during the 11 months he was assigned to the IRR.

Title 10, US Code, section 14509, provides that a Reserve officer in the rank of colonel and below shall be separated on the last day of the month in which that officer becomes age 60.  Title 10, US Code, section 14703, provides that the Service Secretary may, with the officer's consent, retain a Medical Corps officer in an active status until the date the officer becomes 67 years of age.

Army Regulation 135-175 provides the policy for separation of Reserve officers of the Army.  It provides for the removal of officers with or without their consent for various reasons.  One of those reasons is for the attainment of maximum age as prescribed in Title 10, US Code and Army Regulation 140-10.

Army Regulation 140-10 provides the policy for assignments, transfers, and removal of soldiers from an active status.  Chapter 7 provides the policy for removal of soldiers from an active status.  It provides that soldiers not sooner removed for another reason will be removed from an active status on attainment of maximum age.  For commissioned officers in the rank of colonel and below, maximum age is 60.

Section III of chapter 7 provides for removal exceptions for Medical Corps officers.  It provides that Medical Corps officers who were previously retained to age 60 may apply for retention to age 64 and those previously retained to age 64 may apply for retention to age 67.  Requests for retention must arrive at the Army Reserve Personnel Command 120 days prior to the officer's scheduled removal date and only those officers who meet certain selection criteria will be reviewed for retention.

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 applicant reached his maximum age (age 60) of Ready Reserve service effective 29 May 2002.  Although the applicant was discharged effective 4 April 2002, this was not a fatal error in the discharge process since it was only 28 days earlier than his mandatory removal date and was not the cause of his failure to earn a qualifying year of service.

2.  There is no evidence of record that the applicant requested retention to age 64 within the required time frame or that it would have been approved had he applied.

3.  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

__rw___  ___mt___  __mm____  DENY APPLICATION

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

INDEX

CASE ID	AR2002073686	
SUFFIX		
RECON		
DATE BOARDED	20030930	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.03	
2.	136.06	
3.		
4.		
5.		
6.