ABCMR Memorandum of						       AR2002075597
Consideration (cont)

MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  16 January 2003
	DOCKET NUMBER:  AR2002075597

	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:

| Mr. Raymond V. O'Connor, Jr. | | Chairperson
| Ms. Marla J. Troup | | Member
| Mr. Arthur A. Omartian | | 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 be revoked and he be transferred to the Retired Reserve.

APPLICANT STATES:  The applicant makes no statement in support of his request.  He provides a copy of his discharge order and his Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter) in support of his application.

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

He served in the Army National Guard beginning on 10 September 1967 with over 3 years prior service.  On 10 August 1984, he was issued a 20-Year letter.  He was promoted to lieutenant colonel effective 15 January 1986.  Effective 31 January 1990, he was transferred to the Army Reserve.  Effective 29 April 1996, the applicant was discharged from the Army Reserve based on maximum years of service.

In the processing of this case an advisory opinion was obtained from the Army Reserve Personnel Command (AR-PERSCOM).  The opinion notes that the applicant was sent a letter to select his option based on his pending separation.  No reply was received from the applicant and AR-PERSCOM was required by regulation to discharge him.

The applicant was provided a copy of the advisory opinion for possible rebuttal but has failed to respond in over 60 days.

Army Regulation 135-180 states in paragraph 2-3, that a 20-Year Letter will be issued to the Reserve Component soldier within 1 year after they complete 20 years of qualifying service for retirement.  This letter will be issued by the Chief, National Guard Bureau for ARNG soldiers, and the Commander, Army Reserve Personnel Command (AR-PERSCOM) for USAR soldiers.  The letter, once issued, may not be withdrawn or revoked.

The same regulation provides 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 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.
On 29 October 1999, the Under Secretary of Defense established policy as pertains to former Reserve members entitlements.  Members of the Reserve Components, who are eligible to receive retired pay at age 60, but have been discharged, are entitled to an identification card and other such privileges.  A copy of this memo will be provided to the applicant.

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, it is concluded:

1.  The applicant was appropriately discharged after attaining his maximum years of service in an active status in accordance with regulations.  He provides no information or explanation on why he did not elect transfer to the Retired Reserve at the time.  He also provided no rebuttal to the advisory opinion that noted he was properly discharged.

2.  Based on the guidance from the Under Secretary of Defense, the applicant will be entitled to receive certain benefits that accrue to USAR soldiers with evidence of 20 or more years of qualifying service.

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

__ro____  ___mt___  ___ao___  DENY APPLICATION

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

INDEX

CASE ID | AR2002075597
SUFFIX |
RECON |
DATE BOARDED | 20030116
TYPE OF DISCHARGE |
DATE OF DISCHARGE |
DISCHARGE AUTHORITY |
DISCHARGE REASON |
BOARD DECISION | DENY
REVIEW AUTHORITY |
ISSUES         1. | 136.03
2. |
3. |
4. |
5. |
6. |