RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  4 December 2003
	DOCKET NUMBER:  AR2003086873

	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. Walter T. Morrison		Chairperson	
	Mr. Kenneth W. Lapin		Member	
	Mr. Allen L. Raub		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that his discharge be revoked and that he be transferred to the Retired Reserve.

2.  The applicant states that he was discharged 11 days after his assignment to a Individual Mobilization Augmentee (IMA) position.

3.  The applicant provides copies of his IMA assignment orders and his discharge orders.

CONSIDERATION OF EVIDENCE: 

1.  The applicant completed 20 years of qualifying service for retirement and was issued a 20-Year Letter on 2 December 1998.  A copy of his Retirement Points Accounting Summary shows that he did not have a qualifying year for retirement between 2 November 1998 and 1 November 1999, having earned only 26 retirement points for that retirement year and not the required minimum 50 points to be retained in an active status.

2.  Effective 14 April 2000, the applicant was assigned to an IMA position from the Individual Ready Reserve (IRR).  Effective 5 May 2000, the applicant was discharged from the Army Reserve for failure to earn sufficient retirement points in the previous retirement year to remain in an active status.

3.  In the processing of this case the Army Reserve Personnel Command 
(AR-PERSCOM) issued an advisory opinion.  The opinion notes that the applicant was notified of his pending discharge and his option to request transfer to the Retired Reserve but he failed to respond.  It is the AR-PERSCOM position that the applicant was discharged in accordance with regulations when he failed to respond to his options and the discharge should not be revoked.

4.  The applicant responded to the advisory opinion stating that he received his notice of non-participation and contacted AR-PERSCOM to maintain his active status.  He was informed about the IMA position and accepted.  He makes no mention of responding to the non-participation notice or requesting a waiver from discharge.

5.  Army Regulation 135-180 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.

6.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was appropriately discharged.  There was no error or injustice noted.

2.  It would be appropriate however, as a matter of equity, to correct his records to show that he was transferred to the Retired Reserve effective 5 May 2000 instead of discharged.

BOARD VOTE:

___wm__  ___kl___  __ar____  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by voiding his discharge of 5 May 2000 and transferring him to the Retired Reserve effective the same date.

		___Walter T. Morrison___
		        CHAIRPERSON

INDEX

CASE ID	AR2003086873	
SUFFIX		
RECON		
DATE BOARDED	20031204	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	136.03	
2.		
3.		
4.		
5.		
6.