MEMORANDUM OF CONSIDERATION
IN THE CASE OF:
BOARD DATE: 28 September 2000
DOCKET NUMBER: AR2000044961
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
Mrs. Nancy Amos Analyst
The following members, a quorum, were present:
Mr. Raymond V. O’Connor, Jr. Chairperson
Mr. Ernest M. Willcher Member
Mr. Donald P. Hupman, Jr. 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
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
Exhibit B - Military Personnel Records (including
advisory opinion, if any)
ABCMR Memorandum of
APPLICANT REQUESTS: That he be removed from the Retired Reserve and restored
to the Individual Ready Reserve (IRR).
APPLICANT STATES: That neither he nor any military personnel he has been able to
locate was aware that he could be involuntarily transferred to the Retired Reserve for
failing to accrue 50 points in a year. He has been trying to find a Troop Program Unit
(TPU) to be assigned to since his transfer to the IRR. He has found one and wishes to
be restored to the IRR for transfer to a TPU. He states he provides his current military
physical and letters of endorsement as supporting evidence but nothing was attached to
the DD Form 149.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the U. S. Army Reserve (USAR) in 1969. He was commissioned out of
the Reserve Officer Training Corps (ROTC) in 1978. He was transferred to the Army
National Guard in 1978 and transferred back to the USAR in 1981. He was transferred
to the IRR on 17 December 1993 to accept a promotion.
The applicant’s notification of eligibility for retired pay at age 60 (his 20-year letter) is not
available but he completed 20 qualifying years for retirement about December 1993.
Army Regulation 140-10 prescribes policies, responsibilities and procedures to assign,
attach, remove or transfer USAR soldiers. Paragraph 7.3.1 states that an officer (other
than a commissioned warrant officer) or enlisted soldier 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 in the Selected Reserve, IRR or Standby Reserve (Active List). An
officer (other than a commissioned warrant officer) or enlisted soldier who fails to attain
50 points by the anniversary of his or her retirement year ending (RYE) date will be
removed from an active status. Paragraph 7.1 states that soldiers removed from an
active status will be discharged or transferred to the Retired Reserve. Transfer to the
Retired Reserve is authorized when requested by soldiers who are eligible.
Army Regulation 140-10, paragraph 6-4 states that a soldier who is not receiving retired
pay and is otherwise not prohibited may be transferred from the Retired Reserve to the
IRR or to an appropriate TPU or Individual Mobilization Augmentee position vacancy.
A Retired Reserve member who was removed from an active status by board action or
operation of law may not so transferred.
Department of the Army Pamphlet 600-3 is intended as a professional development
guide for individual officers of the United States Army. Chapter 6
ABCMR Memorandum of
provides guidance to individuals, commanders and personnel managers for the
professional development of all USAR officers not on extended active duty. In
pertinent part, it states that the most important element in officer professional
development is the individual and each officer must actively participate in his own
professional development. The most critical factor in an officer’s professional
development is his or her individual participation or lack thereof. Although there are
statutory and regulatory requirements for participation, the USAR remains a volunteer
DISCUSSION: Considering all the evidence, allegations, and information presented by
the applicant, together with the evidence of record, applicable law and regulations, it is
1. In order to justify correction of a military record the applicant must show to the
satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in
error or unjust. The applicant has failed to submit evidence that would satisfy this
2. Regulatory guidance is clear 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. An officer who fails to do so by the anniversary of his or her retirement year
ending (RYE) date, will be removed from an active status and discharged or transferred
to the Retired Reserve. The Board presumes that since the applicant was transferred
to the Retired Reserve, he elected transfer to the Retired Reserve rather than
3. The Board concludes that it was the applicant’s responsibility to know what was
required for him to remain in an active status.
4. Provided otherwise eligible, the applicant may request transfer to a TPU from his
Retired Reserve status. Transfer to the IRR is not first required.
5. In view of the foregoing, there is no basis for granting the applicant's request.
ABCMR Memorandum of
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to
demonstrate the existence of probable error or injustice.
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__rvo___ __emw___ __dph___ DENY APPLICATION
Carl W. S. Chun
Director, Army Board for Correction
of Military Records
ABCMR Memorandum of
CASE ID AR2000044961
DATE BOARDED 20000928
TYPE OF DISCHARGE
DATE OF DISCHARGE
BOARD DECISION (DENY)
ISSUES 1. 135.03