MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  3 April 2003
	DOCKET NUMBER:  AR2002075642

	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. Samuel A. Crumpler		Chairperson	
	Mr. Patrick H. McGann		Member	
	Mr. Roger W. Able		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 he be reappointed as a major in the Army Reserve (USAR) to obtain four additional qualifying years of service for retirement at age 60.

APPLICANT STATES:  That he had over 16 years of qualifying service for retirement between active duty and Reserve Component unit participation.  He did not have the time to complete his military education requirement for promotion and had to relocate for his civilian career.  He was never informed about the difference between total years and qualifying years of service.

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

He was commissioned a second lieutenant effective 4 October 1966 with prior active duty enlisted service.  He was separated from active duty in the rank of captain effective 25 September 1975 and transferred to the USAR.  He served in the Army National Guard from 21 January 1976 through 30 September 1979.

He was promoted to major effective 1 October 1979 and was assigned to a USAR unit the same date.  Effective 22 November 1982, the applicant was transferred to the Individual Ready Reserve (IRR) USAR Control Group (Reinforcement) at his own request.

The applicant was not selected for promotion to lieutenant colonel by the 1985 and 1986 Reserve Component Selection Boards based on his failure to complete the required military education.  Based on his second failure of selection for promotion, he was discharged effective 3 February 1987.

The applicant’s Chronological Statement of Retirement Points shows that he earned only one point for participation in Reserve activities while assigned to the IRR from November 1982 through his discharge in February 1987.  The form also shows that he had over 21 years of service for longevity but only 16 years, 11 months, and 9 days qualifying service for retirement at age 60.  The applicant will reach his 60th birthday on 18 October 2003.

Army Regulation 135-100 provides the policy for Reserve Component officer appointments.  The maximum age for appointment as a major is prior to the individuals 48th birthday.  This may be extended in the applicant’s case by the 8 years he previously served in the rank of major, or age 56.  No increase in the age limitations are authorized if the applicant for appointment is unable to serve a minimum of 2 years before removal from an active status for age.  The maximum age for a major is 60.

Army Regulation 135-175 provides the policy for the separation of Reserve Component officers.  Paragraph 4-4 provides that a major, who twice fails selection for permanent promotion to lieutenant colonel, will be removed from an active status.

Army Regulation 135-180 provides the policy of qualifying nonregular service for retired pay.  It states that to be eligible for retired pay an individual must have completed a minimum of 20 years of qualifying service and the last 8 years must have been served in a Reserve Component.  

Army Regulation 140-10 provides the policy for USAR assignments, attachments, details, and transfers.  Chapter 7 provides the policy on removal from an active status and paragraph 7-12 provides the exceptions for removal after failure to be selected for promotion.  Officers having 18 years of qualifying service will be retained in an active status until 3 years from the earlier required removal date or on the date they complete 20 years of qualifying service, which ever is earlier.

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 participated in active duty and Reserve Component activities continuously for almost the first 17 years of his Army career.  However, he failed to attain the required military education for promotion or participate further in the Reserve Components to avoid the discharge that he eventually received.

2.  His discharge for failure to be selected for promotion was in accordance with law and regulation with no evidence of error or injustice.

3.  The applicant is not eligible for reappointment in the rank of major and return to a Ready Status.

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

__sc___  ___pm___  __ra___  DENY APPLICATION

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

INDEX

CASE ID	AR2002075642	
SUFFIX		
RECON		
DATE BOARDED	20030403	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.03	
2.	136.03	
3.	102.09	
4.		
5.		
6.