RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 January 2006
      DOCKET NUMBER:  AR20050007213


      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. Beverly A. Young              |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. Rodney Barber                 |     |Member               |
|     |Ms. Rea Nuppenau                  |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that Department of the Army, U.S. Army Reserve
Personnel Center (ARPERCEN), Orders C-03-410376A01 dated 14 September 1995
be amended to show the effective date of her transfer to the Retired
Reserve as 14 September 1995 and in effect, she be awarded retirement
points for the period 15 March 1994 through 14 September 1995.

2.  The applicant states that the order dated 15 March 1994, which assigned
her to the U.S. Army Reserve (USAR) Control Group (Reinforcement), was
amended to reassign her to the Retired Reserve.  She states that the date
of the reassignment order should be the effective date she was assigned to
the Retired Reserve.

3.  The applicant provides two AHRC Forms 249-2-E (Chronological Statement
of Retirement Points); her Retirement Points Accounting System Statement; a
copy of ARPERCEN, Orders C-03-410376A01 dated 14 September 1995; a copy of
ARPERCEN, Orders C-03-410376 dated 15 March 1994; reassignment orders dated
9 January 1992; her notification of eligibility for retired pay at age 60
(20-Year Letter); orders placing her on the Retired List; and a copy of her
Officer Evaluation Report (DA Form 67-8) for the period ending 30 September
1994.

CONSIDERATION OF EVIDENCE:

1.  The applicant was born on 30 April 1945.  After having had prior
enlisted service, the applicant was appointed as a Reserve warrant officer
on 12 January 1979 in the rank of Warrant Officer One.

2.  The applicant's notification of eligibility for retired pay at age 60
is dated
25 May 1991.

3.  She was promoted to Chief Warrant Officer Four (CW4) on 12 January
1994.

4.  ARPERCEN, Orders C-03-410376 dated 15 March 1994 released the applicant
from a Troop Program Unit (TPU) at Fort Sam Houston, Texas and assigned her
to the USAR Control Group (Reinforcement) with an effective date of 15
March 1994.  The orders indicated the reason for reassignment as "Requested
by ARPERCEN."

5.  On 14 September 1995, ARPERCEN published Orders C-03-410376A01 which
amended their Orders C-03-410376 dated 15 March 1994 to change the
applicant's reassignment from the USAR Control Group (Reinforcement) to the
Retired Reserve and the reason from "Requested by ARPERCEN" to loss of
position due to unit inactivation/reorganization.  The effective date of
the reassignment was not amended in the orders.  These orders show the
applicant was eligible for Reserve Special Separation Pay (RSSP) based upon
years of qualifying service prescribed by Section 1332 of Title 10, United
States Code and the Selected Reserve Transitions Program (STRP) type was
shown as "XA."

6.  The applicant received a release from active duty training (REFRADT)
Officer Evaluation Report (OER) for the period ending 30 September 1994.

7.  Department of the Army, U.S. Army Reserve Personnel Command (AR-
PERSCOM, formerly ARPERCEN) St. Louis, Missouri Orders P-03-583011, dated
23 March 2005 retired the applicant and placed her on the retired list on
30 April 2005.  These orders indicate that the applicant was authorized
retired pay under Title 10, USC, Section 12731.

8.  In the processing of this case, a staff advisory opinion was obtained
from the Chief, Warrant Officer Management, U.S. Army Human Resources
Command-St. Louis.  The opinion states that the original orders which
placed the applicant in the Individual Ready Reserve (IRR) were in error.
The amendment orders published on 15 September 1995 corrected the reason
for assignment to loss of position due to unit inactivation/reorganization.
 The opinion states that the effective date of the amendment remains the
same as the original order and that Transition Assistance Management
Program (TAMP) RSSP payments had been made to the applicant in the amount
of $16,494.30.  The advisory opinion points out that if the assignment date
to the Retired Reserve was adjusted to indicate 14 September 1995, the
assignment on that date would have been for personal reasons and therefore,
she would not be eligible to receive RSSP.  Further, the opinion states
that, in this case, the applicant should not have been paid RSSP and a pay
collection action would have to be initiated to collect paid RSSP monies in
the amount of $16,494.30.  This office recommended that the applicant's
request for awarding of retirement points from 15 March 1994 to
14 September 1995 be disapproved and that the action as taken by
AR-PERSCOM is more beneficial to the applicant since she has already
received TAMP payments.

9.  A copy of the advisory opinion was forwarded to the applicant for her
comment or rebuttal.  However, she did not respond within the allotted
timeframe.

10.  The applicant's Chronological Statement of Retirement Points dated
24 March 2005 shows she was not credited with retirement points during the
retirement years beginning 16 March 1995 and ending 23 March 2005.

DISCUSSION AND CONCLUSIONS:

1.  ARPERCEN, Orders C-03-410376 dated 15 March 1994 erroneously reassigned
the applicant to the USAR Control Group (Reinforcement) with an effective
date of 15 March 1994.  At the time of her reassignment, she had completed
20 years of qualifying service for retired pay at age 60.

2.  On 14 September 1995, ARPERCEN, Orders C-03-410376A01 were published
which amended the previous orders assigning the applicant to the USAR
Control Group (Reinforcement).  These orders assigned her to the Retired
Reserve by reason of the loss of position due to unit
inactivation/reorganization.  The effective date of her transfer was not
changed.

3.  The advisory opinion from the U.S. Army Human Resources Command- St.
Louis stated the applicant had been paid TAMP RSSP in the amount of
$16,494.30.  Although her OER for the period ending 30 September 1994 shows
she was still performing unit duties at least as of 30 September 1994, if
her reassignment date to the Retired Reserve is adjusted to 14 September
1995, she would no longer be eligible for TAMP RSSP and she would have to
repay the TAMP RSSP in the amount of $16,494.30.  Absent a response from
the applicant stating she acknowledges this and requests the change anyway,
the Board will not make the corrections requested.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

LS______  RB______  RN______  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




                                  Linda Simmons_________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050007213                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060112                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |135.0500                                |
|2.                      |135.0200                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]