MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            22 March 2000
	DOCKET NUMBER:    AR1999030336

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. James M. Alward		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. Arthur A. Omartian		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:  In effect, that he be paid Selected Reserve Transition Benefits (SRTB).  

APPLICANT STATES:  In effect, that he was denied SRTB by the Army Reserve Personnel Command (ARPERSCOM) based on his having reached his maximum years of service (MYOS).  He indicates that when his unit was reorganized, he was placed in an overstrength position, where he remained until reaching his MYOS.  This action, which was taken by the Deputy Chief of Staff of Personnel (DCSPER) of the 9th Regional Support Command (RSC), Honolulu, Hawaii, was not proper and was only applicable to enlisted members in the rank of sergeant first class/E-7 and below.  He claims that his entitlement to SRTB was confirmed by the Inspector General (IG) of the United States Army Pacific (USARPAC).  The IG advised the DCSPER that his being placed in an overstrength position was invalid.  Proper processing would have resulted in his being offered a valid position, and if none were available in the USAR, then a transfer to the Army National Guard (ARNG) should have been pursued.  Finally, if none of these options were available he should have been offered SRTB.  None of these options were pursued at the time of the unit reorganization but this was corrected subsequent to the IG findings.  He claims that ARPERSCOM’s position was that these actions should have taken place in January 1998, when the unit reorganization occurred and if they took retroactive action it would require a reimbursement of drill pay back to that date is incorrect.  He contends that he elected SRTB as the most advantageous option available to him when he was processing his transfer to the Retired Reserve and should have received those benefits.  

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

The applicant served in the USAR for 31 years prior to being transferred to the Retired Reserve on 31 May 1998, in the rank of sergeant major/E-9 (SGM), by reason of attaining his MYOS. 

On 1 December 1997, the 9th RSC published a memorandum that was addressed through the applicant’s unit commander to him.  The subject of this memorandum was “Removal from Active (TPU) Status, Due to Maximum Years of Service (MYOS)”.  The applicant was advised that on 31 May 1998 he would reach the MYOS allowed for a member serving in the rank of SGM, which was 
31 years.  The applicant was given a suspense date of 9 April 1998, to reply to the letter endorsement and to provide his intentions. 

In January 1998, the applicant’s unit underwent a reorganization and his position was one of those lost in the process.  However, there is no indication that any action was taken at that time to reassign him to a valid position or to transfer him to a valid position with another USAR organization, or to a valid position with the ARNG.

The applicant remained an active participant with his unit until he was transferred to the Retired Reserve on 31 May 1998, by reason of reaching his MYOS.  In January 1999, a transition benefits packet on the applicant was forwarded from the DCSPER of the 9th RSC to the ARPERSCOM.  In the cover memorandum to this packet the DCSPER indicated that the applicant was erroneously transferred to the Retired Reserve without transition benefits on 31 May 1998 due to having reached his MYOS.  It also indicated that, upon further investigation by the IG of USARPAC, it was determined that the applicant was qualified for SRTB.  It also indicated that the applicant did not have a valid position during the reorganization of the unit, which began on 16 January 1998, prior to reaching his MYOS.

ARPERSCOM, in an undated letter, denied the request of the DCSPER that the applicant receive SRTB.  This denial was based on the fact that the applicant had remained serving with his unit until reaching his MYOS, at which time he was transferred to the Retired Reserve; thus, his transfer was as a result of his losing his qualification to continue serving in the Selected Reserve and was not a result of the unit reorganization.  

The National Defense Authorization Acts of Fiscal Years 1993, 1994, and 1995 as codified in Public Laws 102-484, 103-160 and 103-337, provided the basic authority for the Selected Reserve Transition Benefits (SRTB) program.  This governing guidance states, in pertinent part, that the SRTB program is intended to assist reservists whose paid drill positions are lost due to unit inactivation, relocation, or reorganization.  This guidance specified SRTB exclusions, which included members who were transferred to the Retired Reserve because they no longer met qualifications for membership in the Selected Reserve.  

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.  After carefully examining the evidence or record and the independent evidence submitted by the applicant, the Board concluded relief was not warranted.  

2.  The applicant would have qualified for SRTB had he been reassigned to the Retired Reserve in January 1998, as a result of his unit’s reorganization; however, in the opinion of the Board, his continuing to serve in the unit until he reached his MYOS date, in May 1998, eliminated his entitlement to SRTB. 

3.  The record shows that, on 1 December 1997, the applicant was notified that he would reach his MYOS on 31 May 1998, and he was appraised of his options at that time.  This makes it clear that he was well aware that he would lose his qualification to serve in the Selected Reserve on 31 May 1998, which was the date he was ultimately transferred to the Retired Reserve. 

4.  The intent of the SRTB program was clearly to assist reservists whose paid drill positions were lost due to unit inactivation, relocation, or reorganization. While the applicant’s unit did undergo a reorganization, he did not lose drill pay as a result.  Therefore, the Board found that he suffered no hardship based on the reorganization of his unit.

5.  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 the aforementioned requirement.

6.  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

__ja_____  __tsk ___  ___ao___  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999030336	
SUFFIX		
RECON		
DATE BOARDED	2000/03/22	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  283	128.0000	
2.		
3.		
4.		
5.		
6.