PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            8 April 1999                  
	DOCKET NUMBER:   AR1998012122

	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.  

	Mr. Loren G. Harrell		Director	
	Mr. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Jennifer L. Parter		Member	
	Ms. Barbara J. Ellis		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 status be changed from discharged from the Individual Ready Reserve (IRR) to Retired Reserve.

3.  The applicant states that he made this request in writing to the US Army Reserve Personnel Command but missed the suspense for being transferred from the IRR to the Retired Reserve and was consequently discharged from the IRR.

4.  The applicant’s military records show that he was a Sergeant First Class member of the USAR Troop Program Unit.  He transferred to the IRR on 
15 October 1997.  He had completed 20 years reserve service eligible for retirement at age 60 and was issued his 20 year letter on 15 October 1996.  During the period following his transfer to the IRR, he did not earn sufficient retirement points to qualify for an additional good year toward retirement.  On 
21 July 1998, the US Army Reserve Personnel Command sent the applicant a letter to inform him of this fact and provided a Election of Options form to complete and return by a suspense date of 25 August 1998.  His options were a one time waiver, transfer to the Retired Reserve, or to provide evidence to correct his retirement points.  If he did not respond by the suspense date, he would be discharged from the IRR.  On the Election of Options form, the applicant elected to be transferred to the Retired Reserve on 10 September 1998 according to his dated signature.  Consequently, he missed the suspense and was discharged from the IRR on 18 September 1998.

CONCLUSIONS:

1.  The applicant did request to be transferred to the Retired Reserves but missed the suspense date for submitting his request.  Although there was no error or injustice in discharging the applicant from the IRR, no injustice is created by extending the suspense for making his election to 25 September 1998 and granting his request to be transferred to the Retired Reserve.

2.  In the interest of compassion, it would be appropriate to place the applicant in the Retired Reserve as he had requested so that he could retain Retired Reserve benefits in recognition of his 20 plus years of faithful service.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by:

	a.  extending his suspense for making election of options to 25 September 1998; and

	b.  voiding his discharge from the IRR and transferring him to the Retired Reserve effective 18 September 1998.

BOARD VOTE:  

_GDP___  _JLP____  _BJE___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_George D. Paxson_______
		        CHAIRPERSON

INDEX

CASE ID	AR1998012122	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19980408	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.