MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:  16 December 1999
	DOCKET NUMBER:   AR1999034595

	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. Loren G. Harrell		Director	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Fred M. McCoy		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Raymond V. O’Connor, Jr.		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 the circumstances of his transfer from a USAR unit to the Retired Reserve be re-evaluated and that his 15 years of service qualify him for age 60 retired pay and benefits.

APPLICANT STATES:  That he was not informed of the medical board issues; not provided counsel; not informed of the cause of the medical condition; not provided the decision of the medical board, and he could have satisfactorily served until retirement if given the opportunity.

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

The applicant was serving as a USAR major in a school detachment when he completed a physical examination on 8 March 1956.  The physical noted that he had undergone back surgery in June 1955.  The military physician noted that the applicant was no longer qualified for retention in the USAR due to the back surgery and annotated his profile with a “4” under lower extremities.

On 5 April 1956 the cognizant USAR military district notified the applicant’s unit of the medical disqualification and directed screening to determine eligibility for transfer to the Retired Reserve.  The memorandum also noted that he might be eligible to appear before a board prior to possible involuntary separation.

On 8 April 1956 the applicant requested transfer to the Retired Reserve.  He authenticated his choice with his signature.  On 10 April 1956 his election of options was forwarded to the military district recommending approval of his transfer to the Retired Reserve and noting that he had completed 15 years of total service.

On 19 April 1956 special orders 79 transferred the applicant to the Retired Reserve by reason of being found physically disqualified for further service in accordance with Army Regulation 140-160.  On 8 May 1956 he was provided a copy of the certificate of transfer and the special order.

A chronological record of service prepared on 15 April 1968 shows that the applicant was credited with 14 years and 4 days total service and 12 years creditable towards retirement.

Army Regulation 140-160, in effect at the time, did not require processing through a physical evaluation board for the separation of a USAR officer not on active duty.  Once determined to not meeting the medical retention standards by competent medical authority, an officer was subject to involuntary separation or transfer to the Retired 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.  Considering all the facts in this case, including the evidence of record and that submitted by the applicant, he is not entitled to the relief he now seeks.

2.  His transfer to the Retired Reserve because he no longer met medical retention standards was in accordance with law and regulation in effect at the time.  There is no indication of error or injustice noted in the reassignment.

3.  The applicant’s contention that his rights were violated and he was not properly informed of the proceedings or medical findings is without credibility.  He appears to have been informed of the processing at each step in the separation and as a field grade officer with over 14 years of service he knew, or should have know, of the proper redress procedures.

4.  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

__FM___  ___SK___  ___RO___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999034595	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19991216	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  136.03	USAR Retirement	
2.		
3.		
4.		
5.		
6.