MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:  20 July 2000
	DOCKET NUMBER:  AR1999030094

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Kenneth L. Wrigt		Member	
	Ms. Ann M. Campbell		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 records be corrected to show his Retirement Year Ending (RYE) date as 18 April 1979 or authorization to continue United States Army Reserve (USAR) service through 18 September 1999.

APPLICANT STATES: That he executed an Oath of Allegiance and commenced his service as a member of the California Army National Guard (CAARNG) on     18 April 1979.  He provides a resume of his service in the ARNG and the USAR. He was approved for service until 31 August 1999, which was later corrected to 31 May 1999, based on his maximum age restriction.  He provides a letter of support and miscellaneous military documents.

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

The applicant’s date of birth is 13 May 1931.

On 14 April 1979, during processing for an appointment in the CAARNG, he authenticated a statement that reads as follows: “This statement is made concerning my appointment in the CAL ARNG.  I understand that under current regulations I will not be able to accrue twenty satisfactory years of Service for Retirement Purposes before reaching my mandatory removal date and therefore may not be entitled to retired pay and benefits.”

On 18 April 1979, he executed an Oath of Allegiance as an employee of the State of California (Military Department, 143d Evacuation Hospital).

On 8 July 1979, he made application for Federal Recognition as an ARNG officer on NGB Form 62.

On 18 September 1979, he was appointed in the Army National Guard, Medical Corps, as a lieutenant colonel, and as a Reserve Commissioned Officer of the Army, the date he executed his oath of office (DA Form 71).  He was attached to the 143d Evacuation Hospital. 

On 6 April 1992, he was voluntarily transferred to the USAR Control Group.

On 8 September 1995, he was approved for retention in an active status until    31 August 1999.

On 7 May 1999, he was advised that his approval for retention in an active status until 31 August 1999 was erroneous.  His actual retention was until 31 May 1999, based on his mandatory removal date at age 68, the end of the month after the month he reached age 68.  His appeal to the Inspector General was not substantiated.

On 1 June 1999, he was transferred to the USAR Retired Reserve.
Title 10, U S Code, section 3855, as amended by the National Defense Authorization Act for Fiscal Year 1988, authorized retention of certain Army Medical Department officers to remain on active service until age 68.

Title 10, U S Code, section 14703 and the Reserve Officer Personnel Management Act, effective 1 October 1996, changed the maximum retention to age 67.

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.  On 14 April 1979, the applicant authenticated a statement acknowledging that he could not achieve 20 satisfactory years for retirement purposes.

2.  The Oath of Allegiance as an employee of the State of California is not an appointment into the ARNG or USAR.

3.  His RYE was established as 17 September, based on his 18 September 1979 appointment.

4.  In accordance with his mandatory release date based on maximum age of 67, he should have been transferred to the Retired Reserve on 1 June 1998, by law. However, Departmental officials ultimately directed his separation upon reaching age 68.

5. There is no error or injustice in his record.  He was properly separated and transferred in accordance with pertinent regulations.

6.  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.

7.  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

__sc___  __kw____  __ac____  DENY APPLICATION

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

INDEX

CASE ID	AR1999030094	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000720	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.113	“Continuation past Age 68	
2.		
3.		
4.		
5.		
6.