MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:      

		BOARD DATE:           28 October 2003
		DOCKET NUMBER:  AR2003090119

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Ms. Linda D. Simmons		Member	
	Ms. Marla J. Troup		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:  That his discharge from the United States Army Reserve (USAR) on 12 February 2001 be revoked and that he be transferred to the Retired Reserve.

APPLICANT STATES:  In effect, that he is concerned that he will not be able to renew his identification card or receive his retired pay if he is not in the Retired Reserve.

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

On 31 March 1995, the Army Reserve Personnel Center (ARPERCEN) notified the applicant (20-year letter) that he had completed the required years of service to be eligible for Retired pay at age 60 (5 September 2013).  

In 1999, the ARPERCEN dispatched a non-participation notice to the applicant.  In 2001, the ARPERCEN sent him a notice of 3 years of non-participation and his discharge from the USAR on 12 February 2001. 

The applicant was advised in May 2001 that he could apply to the Board to request transfer to the Retired Reserve.

Army Regulation 140-10, in effect at the time, set forth the basic authority for the assignment, attachment, detail, and transfer of USAR soldiers.  Chapter 7 of that regulation relates to the removal of soldiers from 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. 

Army Regulation 135-178, in effect at the time, established the policies, standards, and procedures governing the administrative procedures governing the administrative separation of enlisted soldiers from the Reserve Components. Paragraph 1-3 states, in pertinent part, that orders discharging a soldier would not be revoked or the effective date changed after the effective date of discharge unless there was a manifest error or fraud.  After the effective date of discharge, orders could not be amended by the separation authority only to correct manifest errors such as the wrong character of service or correct administrative errors such as errors concerning rank, social security number, or misspelled name.

On 29 October 1999, a memorandum issued by the Under Secretary of Defense, states that former members of the Reserve Components who are eligible to receive retired pay at age 60 under Title 10, United States Code (U.S.C), section 12731, but who have terminated their Reserve status, are entitled to receive benefits provided for under Title 10, U.S.C, chapter 54.  Identification (ID) cards reflecting the appropriate benefits have been available at Real-time Automated Personnel Identification System (RAPIDS) sites since December 1999.  Reservists with more than 20 years of qualifying service for retirement at age 60 and who have terminated their Reserve status must simply take their 20-year letter to those facilities in order to obtain an ID card.

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.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  Although the applicant does not contend that he was denied the opportunity to request transfer to the Retired Reserve, the Board finds that he had sufficient time to do so before he was discharged due to non-participation.

3.  It also appears that the applicant is requesting transfer at this date simply because he is concerned that he will lose entitlement to his retired pay at age 60 and the benefits associated with having completed 20 or more years of service.  However, such is not the case.  The applicant still has the entitlement to apply for retired pay at age 60 and to obtain an ID Card, even though he has been discharged from the USAR.

4.  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

__mt____  __lds____  ___rjw __  DENY APPLICATION

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

INDEX

CASE ID	AR2003090119	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/10/28	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  333	135.0100/TRANS RET RES	
2.		
3.		
4.		
5.		
6.