PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           11 September 2001
	DOCKET NUMBER:   AR2001058282

	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. Carl W. S. Chun		Director	
	Mr. Michael L. Engle		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi 		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Donald P. Hupman, Jr.		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 her military record be corrected to reflect all of her actual service, and that she receive appropriate pay and allowances for this service.

3.  The applicant states, in effect, that she was not given credit for any time served after 30 November 1999, even though she did serve until 3 December 2000.  She contends that in June 1999, she requested an extension of her mandatory retirement date (MRD) of 30 November 1999, which was disapproved on 8 February 2000.  However, she claims that she was never informed of the disapproval and that her command continued to pay her and to approve her requests for training.  She further contends that the error was discovered during the first week of December 2000 and she was immediately informed to stop training.  Another request for extension of her MRD was submitted on 
13 December 2000 and was disapproved on 9 February 2001.  In support of her application she provides copies of these requests, along with a copy of her retirement orders, retirement certificate, and summary sheet of her retirement points.

4.  The applicant’s military records show that she was appointed as a major/0-4 (MAJ/0-4) in the Army Nurse Corps, United States Army Reserve (USAR), on 
29 August 1979.  She remained in the USAR and attained the rank of colonel/0-6 (COL/0-6) on 27 August 1991.

5.  The applicant was born on 30 November 1939 and attained the age of 60 on 30 November 1999, which is the basis for her MRD.

6.  On 9 February 2001, the Director, Personnel Actions and Services, USAR Personnel Command, published a memorandum for the applicant’s commander, wherein, the Director stated that the applicant’s request for extension beyond her MRD was disapproved because she was not in an authorized position.  That memorandum further explained that her request was originally disapproved on
8 February 2000, but that she was allowed to remain on the Reserve Active Status List without authorization until December 2000.  The Director suggested that the applicant appeal to this Board to receive credit for retirement points earned after attaining age 60.

7.  The summary of retirement points provided by the applicant shows that she did not receive any credit for time served after 28 August 2000.

8.  On 11 April 2001, Orders N-01-101-004, Headquarters, USAR, were published directing the applicant’s assignment to the Retired Reserve, effective 30 April 2001.

CONCLUSIONS:

1.  The applicant’s contention that she requested an extension of her MRD; that it was disapproved; and that she was not so informed, is fully supported by the evidence presented to the Board.  The evidence clearly shows that she was permitted to remain in an active status until her training was stopped in December 2000.

2.  It is apparent that the applicant performed her military duties as required until told to stop.  Furthermore, there is no evidence to suggest she had any knowledge that her request for extension of her MRD was disapproved.

3.  Therefore, her military records should be corrected to grant her full credit for actual time served.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the MRD of the individual concerned was extended to 30 April 2001; and by authorizing her to retain all retirement points and pay earned and received during the period 1 December 1999 to 30 April 2001. 

BOARD VOTE:  

___CLA__  __CLG__  __DPH__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		  __Celia L. Adolphi    __
		        CHAIRPERSON

INDEX

CASE ID	AR2001058282	
SUFFIX		
RECON		
DATE BOARDED	2001/09/11	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  332	135.0000	
2.		
3.		
4.		
5.		
6.