MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           29 November 2001
	DOCKET NUMBER:   AR2001063330

	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. Carl W. S. Chun		Director	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Mr. William D. Powers		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:  In effect, that his discharge orders be revoked and he be transferred to the Retired Reserve.

APPLICANT STATES:  That he is retirement eligible, but he requested discharge rather than placement on Retired Reserve status.  He indicates that he elected discharge because he was in poor physical condition and felt he would be "cheating the system" by going into the Retired Reserve.  He adds that he made a mistake and now he finds himself denied the benefits of his service (e.g., military identification card, commissary and exchange privileges).

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

He was born on 29 September 1947.  He was commissioned a second lieutenant in the Army National Guard (ARNG) on 26 August 1972 and, thereafter, rose steadily through the ranks.  He was selected for promotion to colonel by a board that adjourned on 16 August 1995.

The applicant resigned from the ARNG on 30 November 1996.  At that time, his NGB Form 22 (Report of Separation and Record of Service) indicated that he had a total of 26 years, 10 months, and 6 days of total service for pay purposes.  On 4 December 1996, the applicant was promoted to colonel in the US Army Reserve (USAR).

The applicant does not have a notification of eligibility for retired pay at age 60 (20-year letter) in his Official Military Personnel File (OMPF).

On 22 June 2000, the applicant was honorably discharged from the USAR in the rank of colonel.  This was accomplished by Orders D-06-034890, U. S. Army Reserve Personnel Command, dated 22 June 2000.

Army Regulation 135-180 implements statutory authorities governing the granting of retired pay to soldiers and former Reserve component soldiers.  Each qualified individual is responsible for submitting an application for retired pay  (DD Form 108) 6 months prior to age 60 and that those without a current military status may obtain the form from a local Reserve Component unit or by writing AR-PERSCOM.

In October 1999, guidance announced by the Under Secretary of Defense provided that former members of the Reserve Components are entitled to certain benefits.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  The applicant has stated that he voluntarily elected to be discharged from the USAR.  Ostensibly, the applicant, as a colonel, understood the consequences of such a decision.  There is no error or injustice in this matter; the applicant has simply "changed his mind" and now prefers Retired Reserve status to discharge.

3.  The Under Secretary’s memorandum and attachment are provided to the applicant so that he may utilize those administrative remedies to obtain the documents needed to authorize any benefits to which he is entitled.

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

__RVO__  __JPI  ___  __WDP_  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001063330	
SUFFIX		
RECON		
DATE BOARDED	20011129	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	136.0300	
2.		
3.		
4.		
5.		
6.