PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 29 July 2003
         DOCKET NUMBER: AR2002081455


         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. Joyce A. Wright		Analyst

The following members, a quorum, were present:

Ms. Margaret K. Patterson		Chairperson
Mr. Thomas E. O’Shaughnessy		Member
Mr. Walter T. Morrison		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.

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2. The applicant requests that her discharge be revoked and that she be transferred to the Retired Reserve.

3. The applicant states that on 12 June 1996, she mailed her Election of Options Form to the Army Reserve Personnel Command (AR-PERSCOM). On 11 December 1997 and on 14 June 2002, she forwarded a request to AR-PERSCOM inquiring on the status of her transfer. She received a response indicating that she had been discharged instead of transferred to the Retired Reserve. She has failed to receive any documentation indicating that she was discharged. In support of her application, she submits copies of her: Election of Options Form; two follow-up requests dated 11 December 1997 and 14 June 2002; response memorandum from the 90^th Regional Support Team (RST), dated 25 July 2002; Notification of Eligibility for Retired Pay at age 60 (20-Year Letter), dated 21 February 1991; Army National Guard (ARNG) Retirement Points History Statement, dated 13 July 1992; NGB Form 22 (Report of Separation and Record of Service), dated 7 July 1992; and two copies of orders validating her membership as a Individual Mobilization Augmentee (IMA).

4. The applicant’s military records show she entered active duty (AD) on 29 March 1971. She continued to serve until released from AD on 13 December 1973 in order to join the Texas Army National Guard (TXARNG). She enlisted in the TXARNG on 14 December 1973. She was ordered to AD for training (ADT) on 6 January 1975 and was released from ADT on 7 October 1976.

5. She was commissioned as a second lieutenant on 8 October 1976, in the TXARNG.

6. She was promoted to major (MAJ/0-4) with an effective date and date of rank (DOR) of 9 February 1988.

7. On 7 July 1992, she was discharged from the TXARNG and was transferred to the USAR Control Group (Reinforcement), in the rank and pay grade of MAJ/0-4.

8. On 13 July 1992, the Texas Adjutant General notified the applicant that she had completed the required years of service to be eligible for retired pay upon applicant’s age at 60 (20-Year Letter).

9. The applicant’s records contain a copy of her ARNG Retirement Points History Statement, dated 13 July 1992, which shows that she had completed 20 years of qualifying service for retirement purposes.




10. On 9 March 1993, orders were published by AR-PERSCOM releasing the applicant from the USAR Control Group (Reinforcement) and placing her in an IMA status effective 9 March 1993. She provided two copies of orders, dated 19 July 1994 and 8 September 1994 validating her membership as an IMA.

11. She was promoted to lieutenant colonel (LTC/0-5) with an effective date and date of rank (DOR) of 8 February 1995.

12. The applicant provided a copy of her Election of Options Form, dated 29 May 1996 with a suspense date of 28 June 1996, which shows that she elected transfer to the Retired Reserve, and signed and dated on 12 June 1996.

13. She was honorably discharged from the USAR Control Group (IMA) on 3 July 1996, in the rank and pay grade of LTC/0-5.

14. A copy of a Chronological Statement of Retirement Points was provided by AR-PERSCOM. The statement shows that she earned less than 50 retirement points during the period 14 December 1992 to 3 July 1996.

15. The applicant provided a copy of her response letter to AR-PERSCOM, dated 11 December 1997, in regards to her transfer to the Retired Reserve. She informed AR-PERSOM that she had not received verification that her transfer was effected and was informed that she had been discharged without status.

16. The applicant provided a copy of her response letter to the Transition Branch, AR-PERSCOM, dated 14 June 2002. She informed AR-PERSCOM that she received notification requesting that she submit an option for disposition of her military status due to not having earned the required 50-retirement points during a retirement year. She has noticed that she has received correspondence regarding commissary/exchange privileges based on her discharge rather than the option she elected. She is now requesting assistance in this matter to correct her records.

17. On 25 July 2002, the 90^th RST responded to her request. Their records indicated that she was sent a Non-Participation Letter and Option Form regarding her transfer to the Retired Reserve with a suspense date of 28 June 1996. In accordance with regulation, an officer who has accrued 20 years of qualifying service for Retired Pay is required to attain 50 points annually to be retained in an active status. Those who fail to attain 50 points by the anniversary of their retirement year ending (RYE) date, will be removed from an active status. She was informed that she may apply to this Board for relief.


18. Army Regulation 135-178, in effect at the time, established the policies, standards, and procedures governing the administrative separation of enlisted soldiers from the Reserve Components. Paragraph 1-3 states, in pertinent part,
that orders discharging a soldier would not be revoked or the effective date
changed after the effective date of discharge unless there was evidence of
manifest error or fraud. After the effective date of discharge, orders could be amended by the separation authority only to correct manifest errors such as the wrong character of service or to correct administrative errors such as errors concerning rank, social security number, or misspelled name.

19. Army Regulation 140-10, in effect at the time, set 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.

20. Paragraph 7-3.1(b) of the regulation states that an officer who has accrued 20 years of qualifying service for retired pay is required to attain 50 points annually to be retained in an active status. Officer who failed to attain 50 points by the anniversary of their retirement year ending (RYE) date, will be removed from an active status. Officers who fail to apply for transfer to the Retired Reserve, within 30 days from the date they are advised, will be discharged.

21. Sections 12731 through 12739 of Title 10, United States (US) Code, authorize retired pay for Reserve Component military service. Under this law, a Reserve soldier must complete a minimum of 20 qualifying years of service to be eligible for retired pay at age 60. After 1 July 1949, a qualifying year is one in which a Reserve soldier earned 50 retirement points or more.

CONCLUSIONS:

1. The 90^th RST records indicated that the applicant was sent a Non-Participation Letter and Option Form with a suspense date of 28 June 1996. Although she elected transfer to the Retired Reserve and signed and dated her election form on 12 June 1996, she was honorably discharged from the USAR Control Group (IMA) effective 3 July 1996.

2. It is apparent that the applicant was qualified for transfer to the Retired Reserve as indicated by the issuance of a 20-Year Letter and had completed 20 years of qualifying service for retirement purposes.

3. Inasmuch as the applicant met eligibility requirements for assignment to the Retired Reserve, and appears to have requested said transfer, it would be equitable and just to correct her military records by revoking her discharge of 3 July 1996, and assigning her to the Retired Reserve effective the same date.
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 for the individual concerned be corrected:

a. by revoking the 3 July 1996 discharge from the USAR; and

b. by showing that she was transferred to the Retired Reserve effective
3 July 1996.

BOARD VOTE:

__mp____ ___to__ __wm___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Margaret K. Patterson___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002081455
SUFFIX
RECON
DATE BOARDED	20030729
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	19960703
DISCHARGE AUTHORITY	AR 140-10
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	192
2.
3.
4.
5.
6.