RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 November 2007
      DOCKET NUMBER:  AR20070006162


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Barbara J. Ellis              |     |Chairperson          |
|     |Mr. Jose A. Martinez              |     |Member               |
|     |Mr. Chester A. Damian             |     |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, that the orders (United States Army
Reserve Personnel Center (ARPERCEN) Orders Number C-11-655716, dated
21 November 1996) directing his transfer to the Retired Reserve be amended
to change the reason from non-participation to voluntary.

2.  The applicant states, in effect, that a clerical error at the 97th Army
Reserve Command (ARCOM), Fort George G. Meade, Maryland, incorrectly caused
him to be assigned to a status and unit that was not what he agreed to.
Further, he states he was never informed that he was assigned to the
Retired Reserve and non-participation reflects unfavorably on him and his
many years of service.  He states that now he is approaching retirement in
November 2008, he would like these orders amended to the correct status
based on the facts.

3.  The applicant provides a DA Form 4651-R (Request for Reserve Component
Assignment or Attachment) and ARPERCEN Orders Number C-11-655716, dated 21
November 1996, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that he served on active duty in the
Regular Army (RA), in an enlisted status, from 15 August 1968 through 13
August 1971.  He also served in the United States Army Reserve (USAR) and
Army National Guard (ARNG), in an enlisted status, from 14 August 1971
through 16 April 1976; and in a commissioned officer status from 17 April
1976 through 23 November 1996.

2.  An ARPERCEN letter (20-Year Letter), dated 23 October 1990, notified
the applicant that he had completed the required years of service necessary
to be eligible for retired pay on application at age 60.

3.  The applicant's record contains a Chronological Statement of Retirement
Points (ARPC Form 249-2-E), dated 24 August 2007, which shows he earned a
total of 2,709 retirement points and completed a total of 24 years and 3
days of qualifying service for retirement.  This document confirms that the
applicant earned at least 50 points annually for the retirement year ending
(RYE)
6 April 1994, and failed to attain 50 points in 1995 and 1996.


4.  The applicant's Official Military Personnel File (OMPF) is void of any
documents or orders related to the applicant's request to, or actual
transfer to the Retired Reserve.

5.  The applicant provides a Request for Reserve Component Assignment or
Attachment, dated 16 October 1993, in which he voluntarily transferred to
the Retired Reserve.

6.  The applicant also provides ARPERCEN Orders Number C-11-655716, dated
21 November 1996, which directed his transfer to the Retired Reserve,
effective 21 November 1996.  The reason listed on these orders for his
transfer to the Retired Reserve is "Non-Participation".

7.  Army Regulation 140-10 (Assignments, Attachments, Details, and
Transfers) prescribes policies, responsibilities, and procedures to assign,
attach, detail, remove, or transfer USAR Soldiers.  Chapter 6 contains
guidance on the transfer to and from the Retired Reserve.  It states, in
pertinent part, that voluntary assignment to the Retired Reserve is
authorized when a member is entitled to receive retired pay.

8.  Chapter 7 of the same regulation contains guidance on removal from
active status.  Paragraph 7-1a states that Soldiers removed from active
status will be discharged, or transferred to the Retired Reserve if
eligible.  Paragraph 7-3.1 contains the Non-Participation removal rule and
states, in pertinent part, that officers or enlisted Soldiers who have
accrued 20 years of qualifying service for retired pay are 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 RYE will be removed
from active status.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to correct the orders transferring him the
Retired Reserve to show the reason for the transfer was voluntary was
carefully considered and found to have merit.

2.  By regulation, Soldiers may voluntarily request transfer to the Retired
Reserve at anytime after they attain 20 qualifying years for retirement.

3.  The evidence in this case shows that the applicant completed 20
qualifying years for retirement in 1990, as evidenced by the 20-Year Letter
on file in his OMPF.

4.  The applicant provides a DA Form 4651-R that confirms he voluntarily
requested to be transferred to the Retired Reserve on 16 October 1993.  As
a result, it appears the applicant's contention that he was erroneously
transferred to the Individual Ready Reserve instead of the Retired Reserve
based on this October 1993 request, due to clerical error, is correct.
Therefore, it would be appropriate to amend the applicant's Retired Reserve
orders to show the reason for his transfer to the Retired Reserve was
voluntary.

BOARD VOTE:

___BJE _  __JOM __  __CAD__  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
amending Department of the Army, U.S. Army Reserve Personnel U.S. Army
Reserve Personnel Center Orders Number C-11-655716, dated 21 November 1996,
to show the reason for his transfer to the Retired Reserve was Voluntary
vice Non-Participation.




                                  _____Barbara J. Ellis_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070006162                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/11/08                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1996/11/21                              |
|DISCHARGE AUTHORITY     |AR 135-178                              |
|DISCHARGE REASON        |Non-Part                                |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |135.0100                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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