PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  19 November 2002
	DOCKET NUMBER:  AR2002074285

	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. John N. Slone		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Sherri V. Ward		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 her records be corrected to show that she completed 20 years of qualifying Army Reserve service for retired pay at age 60.

3.  The applicant states that she earned sufficient retirement points in her final year but she was discharged on her 60th birthday, less than 3 months prior to completion of her 20th qualifying year.

4.  The applicant’s military records show that she was born on 16 April 1942 and was appointed a first lieutenant in the Army Nurse Corps effective 25 June 1982 with immediate assignment to an Army Reserve unit. There is no evidence of record to indicate that she was advised that she might not be allowed to serve in an active status to qualify for retired pay at age 60.  She was promoted to the rank of major effective 23 June 1994.  She was not selected for promotion to lieutenant colonel by the 2000 and 2001 Reserve Components Selection Board.  The 2001 promotion board final approval date was 23 October 2001.  She had completed 19 years of qualifying service for retired pay on 24 June 2001 and reached age 60 on 16 April 2002.

5.  Although the separation orders are not in the available record, she was discharged from her Army Reserve unit some time after 16 April 2002 based on attainment of maximum age in a Ready Reserve status.  She had completed 19 years, 9 months, and 22 days of qualifying service for retirement as of 16 April 2002 and had served her entire career in Army Reserve units.

6.  Army Regulation 140-10 provides the policy for removal and transfer of Army Reserve soldiers.  Paragraph 7-3 states that soldiers will be removed on the last day of the month in which they reach age 60.  Paragraph 7-13 provides an exception for removal of Army Nurse Corps officers to the initial age of 64 unless the officer has been twice non-selected for promotion.

7.  In the processing of this case the Army Reserve Personnel Command 
(AR-PERSCOM) provided an advisory opinion.  The opinion notes that the applicant earned sufficient retirement points (53) during her final 9 months and 22 days of qualifying service to have qualified for and been entitled to retired pay at age 60.  The AR-PERSCOM recommends granting the applicant retired pay.  She was provided an opportunity to respond to the advisory opinion but failed to do so within the time frame established.

CONCLUSIONS:

1.  The applicant was offered and accepted a Reserve commission more than 2 months past her 40th birthday.  The Army knew at the time that she could not serve beyond her 60th birthday and attain 20 qualifying years of service for retirement without an exception to policy.

2.  The timing of her 60th birthday and the date of her second non-selection for promotion precluded any possible opportunity to obtain the additional 2 months and 8 days necessary to qualify for retired pay in accordance with regulations.

3.  The applicant earned sufficient retirement points (53) in her final period of service for a qualifying year but was separated prior to competing a full 12 months of service.  It would be in the interest of justice and fairness, as an exception to policy, to revoke the applicant's discharge and show that she was transferred to the Retired Reserve effective 24 June 2002.

4.  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 as an exception to policy by:

	a.  revoking her discharge from her Army Reserve unit;

	b.  showing that she was transferred to the Retired Reserve effective 24 June 2002; and

	c.  showing that she is entitled to retired pay at age 60 with the opportunity to elect options under the Survivor Benefits Plan.

BOARD VOTE:  

__js____  __mm___  __sw___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___John N. Slone_____
		        CHAIRPERSON

INDEX

CASE ID	AR2002074285	
SUFFIX		
RECON		
DATE BOARDED	20021119	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	136.02	
2.	136.03	
3.	136.04	
4.		
5.		
6.