MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  23 April 2002
	DOCKET NUMBER:  AR2001069207

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Thomas Lanyi		Member	
	Mr. Mark D. Manning		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:  That his discharge from the Army Reserve be changed to assignment to the Retired Reserve.

APPLICANT STATES:  The applicant makes no statement concerning an error or injustice in his discharge and provides no documentation in support of his request.

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

At the time of his discharge the applicant was serving in pay grade E-6 in the Individual Ready Reserve (IRR).  Information provided by the Army Reserve Personnel Command revealed that the applicant had completed 20 years of qualifying service for retired pay at age 60 and had been so notified in 1997.

Effective 17 February 2000, the applicant was discharged from the IRR for unsatisfactory participation during his past two retirement years.

Army Regulation 135-91 provides the policy for service obligations and participation requirements.  It provides that soldiers who have accrued 20 years of qualifying service for retired pay must attain 50 retirement points annually to be retained in an active status or they will be processed for removal.

Army Regulation 135-180 provides the policy for the granting of retired pay to soldiers and former Reserve Component soldiers.  It states, in pertinent part, that pay is granted after completion of 20 or more years of qualifying service and upon attainment of age 60.  It states that each qualified individual is responsible to submit 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.

Army Regulation 140-10 provides the policy for a soldiers removal from an active status.  The regulation provides for the removal of an enlisted soldier who has accrued 20 years of qualifying service for retired pay if they fail to attain 50 retirement points annually.  Soldiers so removed will be discharged, or upon written request, transferred to the Retired Reserve.

On 29 October 1999, a memorandum issued by the Under Secretary of Defense, states that former members of the Reserve Components who are eligible to receive retired pay at age 60 under 10 USC, Section 12731, but who have terminated their Reserve status, are entitled to receive benefits provided for under Title 10 USC, Chapter 54.  Identification cards reflecting the appropriate benefits have been available at Realtime Automated Personnel Identification System sites since December 1999.

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

1.  The applicant was discharged in accordance with law and regulations and there is no evidence of error or injustice in the discharge process.  He remains eligible for retired pay at age 60 and the corresponding benefits.

2.  The applicant served over 20 years of qualifying service.  He is still entitled to appropriate benefits as a former member of the Reserve Components under Title 10, chapter 54.

3.  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.

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

__kk___  __tl____  __mm____  DENY APPLICATION

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

INDEX

CASE ID	AR2001069207	
SUFFIX		
RECON		
DATE BOARDED	20020423	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	136.03	
2.		
3.		
4.		
5.		
6.