PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  23 April 2002
	DOCKET NUMBER:  AR2001064271

	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	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Thomas Lanyi		Member	
	Mr. Mark D. Manning		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 he be granted credit for retirement points for the period December 1998 to December 2000.

3.  The applicant states that he was a troop program member (TPU) until 30 March 2001, and on that date was transferred to the Retired Reserve due to his Mandatory Removal Date (MRD), and remained in the Active Reserve for 
2 additional years.  He was advised that his request to remain past his MRD was denied and that he would have to appeal to receive credit for points earned during his additional 2 years.  Prior to October 2000, there was no knowledge on his part that there was an issue with his MRD, which was scheduled to expire in 2004 instead of December 1998.  The same information was provided by personnel management officers (PMOs) and later discovered that a mistake had existed.  He is now 62 years of age and requests that he be granted retirement points for the 2 years in question.  In support of his application, he submits two memorandums, dated 8 March 2001, and 5 December 2000, and an
officer evaluation report (OER).

4.  The applicant's military records show that his date of birth is 3 December 1938.  He enlisted in the USAR on 14 June 1956, and continued to serve until he was honorably discharged on 13 June 1964.

5.  He was appointed as a Reserve commissioned officer in the rank of second lieutenant on 19 September 1979. 

6.  The applicant was promoted to the pay grade of 0-5/LTC on 27 June 1990.

7.  The applicant provided a copy of a memorandum from the Commander, 113th Medical Company, dated 5 December 2000.  The memorandum recommended that the applicant be retained beyond his MRD.

8.  The applicant provided a copy of a memorandum from the Director, Personnel Actions and Services, dated 8 March 2001, regarding his retention past his MRD. The memorandum stated that his request was disapproved because he was 2 years beyond his authorized retention date.  He remained on the Reserve Active Status List beyond the authorized retention he was granted, and was advised to appeal to receive credit for the points earned during that time.

9.  He continued to serve until he was released from the USAR on 30 March 2001, due to his mandatory removal date and was transferred to the Retired Reserve.

10.  The applicant provided a copy of his Chronological Statement of Retirement Points, which shows that he had completed 20 years of qualifying service for retirement purposes.  It also shows that he was serving past his MRD.

11.  Army Regulation 140-10 sets forth the basic authority for the assignment, attachment, detail, and transfer of USAR soldiers.  Chapter 7 of the regulation relates to the removal of soldiers from an active status and states, in pertinent part, that soldiers removed from an active status will be discharged or, if qualified and if they so request, will be transferred to the Retired Reserve.  Paragraph 7-2 of Army Regulation 140-10, provides guidance on length of Reserve service.  It states, in pertinent part, that the actual removal date will be 30 days after:  (a) The individual completes 28 years of commissioned service if under age 25 at initial appointment or (b) the individual’s 53rd birthday if age 25 or older at initial appointment.  However, the implementation of the Reserve Officer Personnel Management Act (ROPMA) changed the removal date for lieutenant colonels to 28 years of service or age 60 whichever occurs earlier.

CONCLUSIONS:

1.  The Board notes that the applicant had requested to be retained past his MRD and was denied because he was beyond his authorized retention period.  However, the evidence of record shows that he did serve 2 additional years past his MRD and should be entitled to receive credit for the points and pay earned during that time.  Therefore, as an exception to policy and in the interest of justice, the Board recommends that the applicant be credited with the two additional years of service with points earned and any additional pay now due.

2.  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 for the individual concerned be corrected:

a.  by showing that he was granted retirement points for those 2 additional years past his MRD; and

b.  by showing that he is entitled to retired pay effective 30 March 2001 with back pay and allowances.

BOARD VOTE:  

__kk___  ___tl___  ___mm___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Karol A. Kennedy__
		        CHAIRPERSON

INDEX

CASE ID	AR2001064271	
SUFFIX		
RECON		
DATE BOARDED	20020423	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	20010330	
DISCHARGE AUTHORITY	AR  135-180	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  334		
2.		
3.		
4.		
5.		
6.