PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            6 June 2002
	DOCKET NUMBER:   AR2001065566

	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. P. A. Castle		Analyst	

The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Thomas E. O’Shaughnessy, 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.  In effect, the applicant requests that a correction be made to his records by showing his transfer date to the Retired Reserve as 1 November 2000 and not 19 October 2000.

3.  The applicant states that the law requires the transfer date to the Retired Reserve be on the first day of the month after the month in which the officer completes twenty-eight years of commissioned service.  He states that he was commissioned on 3 October 1972, and that the first day of the month after the month he completed twenty-eight years of commissioned service was 1 November 2000.

4.  The applicant’s military record shows that on 29 April 2000, he received a letter from the U.S. Army Reserve Personnel Command (ARPERSCOM) prescribing that on 4 October 2000, he would complete the maximum amount of service a member of the USAR may serve, and that he could elect transfer to the Retired Reserve or be discharged.  On 10 May 2000, the applicant responded by requesting to be transferred to the Retired Reserve effective 1 November 2000. 

5.  The ARPERSCOM issued order number C-10-030548 dated 27 October 2000, for the purpose of releasing the applicant to the Retired Reserve for “maximum age” in lieu of “maximum years of service” to be effective 19 October 2000.

6.  The applicant’s qualifying service for retired pay at age 60 (27 November 2009) was 22 years, 11 months, and 12 days.

7.  In accordance with United States Code, Title 10, section 14507, “removal from the Reserve active-status list for years of service, Reserve lieutenant colonels and colonels of the Army, Air Force, and Marine Corps and Reserve commanders and captains of the Navy”, paragraph (a), states:

 Lieutenant Colonels and Commanders. –

Unless continued on the reserve active-status list under section 14701 or 14702 of this title or retained as provided in section 12646 or 12686 of this title, each reserve officer of the Army, Navy, Air Force, or Marine Corps who holds the grade of lieutenant colonel or commander and who is not on a list of officers recommended for promotion to the next higher grade shall (if not earlier removed from the Reserve active-status list) be removed from the list under section 14514 of this title on he first day of the month after the month in which the officer completes 28 years of commissioned service.

8.  The Reserve Officer Personnel Management Act (ROPMA) was enacted into law as part of the National Defense Authorization Act for Fiscal Year 1995 and became fully implemented on 1 October 1996.  This law, unlike the previous law, establishes standardized procedures for determining the mandatory removal date for attaining maximum years of commissioned service.  

CONCLUSIONS:

1.  The applicant reached the maximum years of service he could serve in the Reserves in an active-status on 3 October 2000.  The ROPMA, implemented effective 1 October 1996, does not provide for involuntary separation of Reserve officers based on age.  The ROPMA now provides for involuntary separation of Reserve officers based on years of service, on the first day of the month in which the officer completes 28 years of commissioned service.

2.  The ARPERSCOM should have removed him from Reserve active-status for maximum years of service in lieu of maximum age, which as a matter of record has been revised by the enactment of ROPMA and Title 10.

3.  The rule for removal from Reserve active-status for maximum years of service is that the date of removal will be the first day of the month after the month in which he completes 28 years of commissioned service.  In this case the date is 1 November 2000.

4.  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 amending the order issued to the individual concerned by the ARPERSCOM on 27 October 2000 to show the reason as “maximum years of service” effective “1 November 2000.”

BOARD VOTE:  

__sk ___  __jm____  ___teo __  GRANT AS STATED IN RECOMMENDATION

_______  ________  ________  GRANT FORMAL HEARING

_______  ________  ________  DENY APPLICATION

		_____Stanley Kelley______
		        CHAIRPERSON

INDEX

CASE ID	AR2001065566	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/06/06	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  339	136.0100/trans Ret Res	
2.		
3.		
4.		
5.		
6.