PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  19 April 2000
	DOCKET NUMBER:   AR1999029722

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. James P. Huber		Chairperson	
	Mr. Van B. Cunningham		Member	
	Mr. Elzey J. Arledge		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, in effect, that his discharge orders be revoked and that he be transferred to the Retired Reserve.

3.  The applicant states that shortly after his unit was disbanded he received discharge orders.

4.  The applicant’s military records show that he was appointed a second lieutenant, ARNG, effective 16 May 1975 with almost 4 years prior enlisted service.  He continued to serve in the ARNG and was transferred to the USAR effective 4 May 1991 to accept promotion to major.  His NGB Form 22 (report of separation) shows that he had 20 years and 2 days total service for pay.

5.  The applicant stated that he was assigned to a USAR unit on a points only basis until it was disestablished but no orders were in the available record.  Effective 20 August 1997 he was discharged from the USAR in the grade of major.  The order also terminated all Reserve of the Army appointments.

6.  Information provided by the separations branch, Army Reserve Personnel Command (AR-PERSCOM) indicated that the applicant had been discharged for failure to earn sufficient retirement points to remain in the Ready Reserve.  There is no evidence of record that he was provided an election of options form to exercise his right to request a one year waiver or immediate transfer to the Retired Reserve.

7.  A recent retirement points inquiry shows that he was on active duty for approximately 3 years during the period 1981 to 1984 but there is no DD Form 214 in the available record and his NGB 22 only reflects 2 months and 9 days prior active duty.  The inquiry also shows that he had 22 years of qualifying service for retirement, his mandatory removal date was 8 March 1999, and his 20 year letter (notification of eligibility for retired pay) was issued on 16 December 1994.  Additionally, from May 1996 to May 1997 he earned only 19 retirement points.

8.  Army Regulation 135-175 provides for the separation of officers.  It provides that an officer who has 20 or more years of qualifying service for retirement and fails to attain 50 retirement points during the retirement year will be removed from an active status by discharge or, if requested, transfer to the Retired Reserve.

9.  Army Regulation 140-10 prescribes the policy and procedures for transfer to the Retired Reserve.  It provides for transfer to the Retired Reserve for soldiers who have completed a minimum of 20 qualifying years for retired pay at age 60.  It also provides that the individual must request transfer to the retired reserve or be discharged upon expiration of term of service (ETS) or upon reaching MRD.

CONCLUSIONS:

1.  Notwithstanding that the applicant was discharged in accordance with regulations in effect at the time, an injustice occurred when he was not provided a reasonable opportunity to request transfer to the Retired Reserve.

2.  The evidence of record clearly shows that he satisfactorily participated in Reserve training and active duty throughout his military career and accumulated over 22 years of qualifying service for retirement.

3.  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 by:

a.	revoking the discharge orders of the individual concerned effective 20 August 1997; and

b.	showing that he was transferred to the Retired Reserve effective 20 August 1997.

BOARD VOTE:  

__JH___  __VC___  ___EA___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__James P. Huber___
		        CHAIRPERSON

INDEX

CASE ID	AR1999029722	
SUFFIX		
RECON		
DATE BOARDED	20000419	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	136.03	
2.		
3.		
4.		
5.		
6.