PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  18 April 2002
	DOCKET NUMBER:  AR2001065255

	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. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Ronald E. Blakely		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 he be placed in the Retired Reserve.

3.  The applicant states that when he was discharged from the Alaska Army National Guard (AKARNG) in 1996 after completing 25 years qualifying for retired pay as age 60, he was not properly counseled about the option to be transferred to Retired Reserve.  He would like to be in the Retired Reserve to receive Retired Reserve benefits.

4.  The applicant’s military records show that he, a Staff Sergeant (SSG), 
pay grade E-6, in the AKARNG, received his memorandum of notification of eligibility for retired pay at age 60 (20 year letter), dated 23 January 1996.  His retirement points statement, dated 4 April 1997, shows that he had 25 years and 5 days creditable service for retired pay.  He had served in the Regular Army from 15 July 1962 through 8 August 1968 and in Reserve Component units from 18 June 1976 throught 29 May 1996.  On 29 May 1996, he was honorably discharged from the Army National Guard (ARNG) by AKARNG orders 151-050, dated 30 May 1996, and transferred to the Individual Ready Reserve (IRR).  On 
29 September 1997, he was discharged from the IRR by U. S. Army Reserve Personnel Command orders D-09-774360, dated 29 September 1997.

5.  Army National Guard policy in effect at the time of the applicant’s discharge provided that soldiers with 20 year letters who were being discharged could be transferred to the Retired Reserve upon their request.  Transfer to the Retired Reserve for such soldiers is currently done automatically unless the soldier requests transfer to the IRR, according to the 1999 change to the National Guard Regulation 600-200 (Enlisted Personnel Management).

CONCLUSIONS:

1.  With his 20 year letter, the applicant was eligible for transfer to the Retired Reserve instead of to the IRR upon discharge from the AKARNG.  In order that he be afforded the benefits of the Retired Reserve, his 29 September 1997 
AR-PERSCOM orders should be amended to transfer him to the Retired Reserve instead of discharging him from the USAR.

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 be corrected for the individual concerned by amending his 29 September 1997 AR-PERSCOM orders to transfer him to the Retired Reserve instead of discharging him from the USAR.

BOARD VOTE:  

__fe___  ___rb__  ___be___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Fred N. Eichorn___
		        CHAIRPERSON

INDEX

CASE ID	AR2001065255	
SUFFIX		
RECON		
DATE BOARDED	20020418	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	136-03 – USAR Retired Reserve	
2.		
3.		
4.		
5.		
6.