RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      23 January 2007
      DOCKET NUMBER:  AR20060007883


      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. Stephanie Thompkins           |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Kenneth L. Wright             |     |Chairperson          |
|     |Mr. Larry Racster                 |     |Member               |
|     |Ms. Ernestine Fields              |     |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, in effect, transfer to the Retired Reserve.

2.  The applicant states, in effect, that he should be placed in the
Retired Reserve.

3.  The applicant provides a copy of his Chronological Statement of
Retirement Points in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the Regular Army,
as a private, in pay grade E-1, on 8 July 1964.  He was released from
active duty on 20 June 1967 and transferred to the United States Army
Reserve (USAR) Control Group (Reinforcement).  He was separated from the
Control Group on 7 July 1970.

2.  He enlisted in the Missouri Air National Guard, in pay grade E-4, on 19
May 1979.  He was separated on 15 May 1981 and was transferred to the USAR
Control Group.

3.  He was issued a Memorandum, Subject:  Notification of Eligibility for
Retired Pay at Age 60 (Twenty Year Letter), on 24 June 1998.

4.  He was honorably discharged from the USAR, in pay grade/E-7, on 3 May
2002.  His separation orders do not show he was transferred to the Retired
Reserve.  There is also no evidence to show he requested transfer to the
Retired Reserve or to be discharged.

5.  His Chronological Statement of Retirement Points, dated 19 May 2006,
shows he was credited with 24 years, 10 months, and 28 days of qualifying
service, as of his discharge date.

6.  In an advisory opinion, dated 29 June 2006, the Director, Army Medical
Department Region, Human Resources Command (HRC), St. Louis, Missouri,
stated that the applicant should be given full relief from the error made
in his personnel administration.  The applicant's discharge order was
published by the 89th Regional Support Command, Order 02-123-00005, on 3
May 2002.  The discharge was characterized as honorable and the reason for
separation was
coded as "Expiration of Army National Guard or USAR Service Obligation."
This discharge order should be revoked and a new order issued to place the
applicant into the Retired Reserve.  Both actions will have to be done by
the 89th Regional Readiness Command (RRC) because they published the
original order. The HRC, St. Louis, does not have the authority to revoke
or modify orders published by the RRC.

7.  The HRC official also stated that the Soldier Management System (SMS)
entry dated 7 May 2002, states the applicant came to HRC, St. Louis, to
obtain a new identification card.  The card could not be issued because
his record was coded as discharged.  He stated he had asked to be placed
in the Retired Reserve.  He should have had the option to choose discharge
or transfer to Retired Reserve.  A call was placed to the unit (21st
General Hospital) to get the order changed.  There is no indication in SMS
or TAPDB-R (Total Army Personnel Data Base – Reserve) that this change was
ever accomplished.

8.  The HRC official further states that the applicant was issued a
Notification of Eligibility for Retired Pay at Age 60 (Twenty Year
Letter) by the US Army Personnel Command on 24 June 1998.  The regulation
governing Army Reserve retirements is Army Regulation 135-180, Qualifying
Service for Retired Pay, Nom-Regular Service, 1 July 87, Para 2-3.  The
applicant's date of initial entry into military service is 8 July 1964,
so his retired pay will be calculated under the "Final Basic Pay"
formula.  Based on the foregoing, it was recommended that the applicant's
status be changed from discharged to Retired Reserve effective 3 May
2002.

9.  The advisory opinion was forwarded to the applicant for acknowledgement
and/or possible rebuttal on 30 October 2006.  He did not respond.

10.  Army Regulation 135-180 (Army National Guard and Army Reserve-
Qualifying Service for Retired Pay Nonregular Service), Paragraph 2-1a
indicates that to be eligible for retired pay, an individual does not
need to have a military status at the time of application for retired
pay, but must have (1) attained age 60; (2) completed a minimum of 20
years of qualifying service; and, (3) served the last 8-years of his or
her qualifying service as a Reserve Component (RC) Soldier.  The
requirement to serve the last 8 years in a RC has since been amended to
the last 6-years, and on 26 April 2005, this requirement was reduced to
zero (0) years.

11.  Army Regulation 135-180 also specifies, in part, that each Reserve
component Soldier who completes the service required to be eligible for
retired pay at age 60 will be notified in writing with a 20-year letter
within 1 year after he/she completes the service.

12.  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.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant was qualified
for transfer to the Retired Reserve in view of his completion of over 24
qualifying years of service for Reserve retirement.

2.  There is also no evidence in the available records, and the applicant
has provided none, to show that he requested transfer to the Retired
Reserve; however, had the applicant been given a choice or the opportunity
to request transfer to the Retired Reserve it is likely he would have done
so in a timely manner.

3.  The applicant meets eligibility requirements for assignment to the
Retired Reserve.  It would now be equitable and just to correct his
military records by revoking his discharge of 3 May 2002, and assigning him
to the Retired Reserve effective the same date, with entitlement to retired
pay upon his application at age 60.

4.  In view of the foregoing, the applicant’s records should be corrected
as recommended below.

BOARD VOTE:

__EF____  __KLW__  __LR____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
revoking his 3 May 2002 discharge from the United States Army Reserve and
showing he was transferred to the Retired Reserve effective 3 May 2002,
with 24 years, 10 months, and 28 days of qualifying service for retired
pay, upon his application, at age 60.




                            ___   _Kenneth Wright ________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007883                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070123                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |102.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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