PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           6 April 2000                   
	DOCKET NUMBER:   AR1999033158

	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:

	Mr. John N. Slone		Chairperson	
	Mr. Ernest M. Willcher		Member	
	Mr. James E. Anderholm		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 he be transferred to the Retired Reserve.

3.  The applicant states that he was discharged instead of being placed in the Retired Reserve.

4.  The applicant’s military records show he was born on 26 September 1944.  He enlisted in the U.S. Army Reserve (USAR) on 8 April 1969 and was commissioned in the USAR on 11 April 1976.  He received his notification of eligibility for retired pay at age 60 in August 1990.  He last earned retirement points in July 1994 and sometime around 1997 he was sent a non-participation letter.  Since he did not respond to this letter, which apparently was sent to an old address, he was discharged effective 30 June 1997.  

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

6.  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 and in good faith participated in his Army Reserve assignments up until 1994, when he completed about 24 years of qualifying service for retired pay.  He failed to earn 50 or more retirement points a year beginning in July 1994 and he was sent a non-participation letter.  He evidently failed to reply to the letter and so he was discharged from the U.S. Army Reserve.  

2.  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.  by revoking orders D-06-749426, U. S. Army Reserve Personnel Center dated 30 June 1997  discharging the applicant from the U.S. Army Reserve; and
     b.  by publishing orders assigning the applicant to the U.S. Army Reserve (Retired) effective 30 June 1997.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

__jns___  __emw___  __jea___  DENY APPLICATION

			John N. Slone
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999033158	
SUFFIX		
RECON		
DATE BOARDED	20000406	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	135.03	
2.		
3.		
4.		
5.		
6.