PROCEEDINGS

	IN THE CASE OF:

BOARD DATE:  15 September 1999
DOCKET NUMBER:   AR1999021748

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. Loren G. Harrell		Director	
	Ms. Lee Tinsley		Analyst	

The following members, a quorum, were present:

	Mr. James M. Alward		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Ms. Kathleen A. Newman		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:

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 his discharge from the USAR be voided and that he instead be transferred to the Retired Reserve. 

3.  The applicant states, in effect, that he completed 20 years of qualifying service for Retired pay purposes in 1995; however, because he did not receive a letter allowing him to make a selection for retired reserves, due to the fact that the USAR had a very old address, he should have been afforded the opportunity to be transferred to the Retired Reserve.

4.  He enlisted in the Regular Army on 22 May 1966 and served until his ETS of 
23 May 1969.  On 24 May 1969 went to inactive reserve status until 17 May 1972 when he reenlisted in the Regular Army and was discharged on 22 June 1973.  On 
19 July 1973, he then enlisted in the Army Ready Reserve and served until his ETS on 9 March 1995 when he was honorably discharged from the Army Reserve in the pay grade of E-7.

5.  As of 24 July 1989 he had 20 years, 1 month and 5 days of qualifying service for retired pay purposes.  There is no indication in the available records to show that he was afforded the opportunity to be transferred to the Retired Reserve prior to his discharge.

6.  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. 

7.  Army Regulation 135-180 provides the policy of qualifying nonregular service for retired pay.  It states that to be eligible for retired pay at age 60 an individual must have completed a minimum of 20 years of qualifying service and the last 
8 years must have been served in a Reserve component.  After attaining credit for 20 years of qualifying service a member of the Reserve Components is issued a notification of eligibility for retried pay at age 60, commonly known as a 20-year letter.  Notification for participation in the survivor benefit plan and election of options is also contained in the 20-year letter.

CONCLUSIONS:

1.  In the absence of evidence to the contrary, it must be presumed that the applicant’s discharge was accomplished in accordance with law and regulations applicable at the time. 

2.  However, it is apparent that the applicant never received his selection letter and therefore was not afforded the opportunity to be transferred to the Retired Reserve.  It is also reasonable to presume that had he received his selection letter, he would have elected to be transferred to the Retired Reserve. 

3.  Inasmuch as the applicant meets eligibility requirements for assignment to the Retired Reserve, it would be equitable and just to correct his military records by voiding his discharge of 9 March 1995, assigning him to the Retired Reserve effective the same date, and issuing him a 20-year letter allowing him participation in the survivor benefit plan.

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 be corrected:

a.  by voiding the 9 March 1995 discharge from the USAR of the individual concerned;

b.  by showing that he was transferred to the Retired Reserve effective 
9 March 1995;

c.  by issuing him a 20-year letter to show that he is eligible for retired pay at age 60 and;

d.  by affording him the opportunity to enroll in the survivor benefit plan.

BOARD VOTE:  

___JA___  ___TK__  ___KN___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			______________________
			CHAIRPERSON

INDEX

CASE ID	AR1999021748	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990915	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19950309	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  100	Change discharge to Retired Reserve	
2.  		
3.		
4.		
5.		
6.