PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           24 February 2000                   
	DOCKET NUMBER:   AR1999031645

	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.  

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. James P. Huber		Member	
	Ms. Margaret V. Thompson		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 that his discharge orders be revoked and he be transferred to the Retired Reserve.

3.  The applicant states that he was erroneously not transferred to the Retired Reserve.

4.  The applicant’s military records show that after having had prior service in the Regular Army, he enlisted in the U. S. Army Reserve (USAR) in May 1975.  He received notification of eligibility to receive retired pay at age 60 (his 20-year letter) in 1990.

5.  In 1997, the applicant reviewed his records prior to consideration by a qualitative retention board.  In the event he was not selected for retention he elected transfer to the USAR Control Group (Reinforcement).  His other options were to elect transfer to the Retired Reserve or to receive an honorable discharge.  He apparently was not selected for retention and effective 16 March 1997 he was transferred to the USAR Control Group (Reinforcement).

6.  Effective 6 November 1998, apparently as a result of not continuing in an active status (by earning at least 50 retirement points a year), the applicant was discharged from the USAR.

7.  Army Regulation 135-180 implements statutory authorities governing the granting of “retired pay” to soldiers and former Reserve components soldiers.

8.  Sections 12731 through 12740 of Title 10, U.S. Code, authorize retired pay for Reserve component military service.  Under this law, a Reserve soldier must complete a minimum of 20 qualifying years of service to be eligible for retired pay at age 60.  The term “good years” is an unofficial term used to mean years in which 50 or more retirement points are earned during each year and which count as qualifying years of service for retirement benefits at age 60.

CONCLUSIONS:

1.  The applicant actively participated in his Army Reserve assignments up until 1997, when he completed over 25 years of qualifying service for retired pay.

2.  In 1997, he elected transfer to the USAR Control Group (Reinforcement) if he was not selected for retention by a qualitative retention board.  Presumably, he was not properly advised of the advantages of requesting transfer to the Retired Reserve.

3.  It appears that when the applicant failed to earn 50 or more retirement points a year he was discharged for non-participation. 
4.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by:
     a.  revoking orders D-11-871499, U. S. Army Reserve Personnel Command dated 5 November 1998 discharging the applicant from the U.S. Army Reserve; and
     b.  publishing orders assigning the applicant to the U.S. Army Reserve (Retired) effective 6 November 1998.

BOARD VOTE:  

___cla__  ___jph__  __mvt___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Celia L. Adolphi
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999031645	
SUFFIX		
RECON		
DATE BOARDED	20000224	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	135.03	
2.		
3.		
4.		
5.		
6.