MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:  2 September 1999
	DOCKET NUMBER:   AR1998013222

	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. Loren G. Harrell		Director	
	MR. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. James M. Alward		Member	
	Mr. Thomas N. Kuhn		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 or injustice.

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

APPLICANT REQUESTS:  That his prior USAR service be added to his active duty service and that he be declared eligible for early retirement with the minimum 15 years and 29 days active duty.

APPLICANT STATES:  That he had accrued 105 retirement points while serving in the USAR from May 1985 through September 1989 and that the additional service credit qualifies him for early retirement.

COUNSEL CONTENDS:  Counsel provided no issues of error or injustice on behalf of the applicant.

EVIDENCE OF RECORD:  The applicant's available military records show:

He enlisted and entered active duty on 11 July 1978.  He was separated from active duty in grade E-6 effective 20 may 1985 after 6 years, 10 months, 10 days active duty and transferred to the USAR.  From the available record it appears that he was assigned to a USAR unit from January 1986 until approximately March 1987.  He had requested transfer to the Individual Ready Reserve (IRR) in February 1987 and it appears that he was a unit member for only 14 months.  There are no retirement point or pay records in the records provided to the Board.  An evaluation report from January through September 1986 notes that the applicant had only been assigned as a track commander for a few months but he was an effective instructor.  Also in the available record is a 14 January 1987 memorandum from his USAR unit commander wherein he notifies the applicant that he is to be involuntarily transferred to the IRR as an unsatisfactory participant for accumulating nine unexcused absences from unit attendance.

On 6 October 1989 the applicant reenlisted and reentered active duty.  The available record does not show the reason and authority for his separation however, he was separated from active duty on 19 December 1997 and transferred to the IRR in grade E-5.  His DD Form 214 (report of separation) shows that he had 8 years, 2 months, and 14 days creditable service during this period of active duty.  He was entitled to full involuntary separation pay in the amount of $31,163.40.

The fiscal year 98 early retirement program was outlined in a message from the Total Army Personnel Command (PERSCOM) on 4 April 1997.  It provided, in pertinent part, that the soldier must be a promotable E-5 who was allowed to reenlist for more than 15 years and 29 days prior to 1 October 1993.  It also specified that the soldier could not have been selected for separation under the qualitative management program (QMP).

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  Despite the evidence of record that the applicant was assigned to a USAR unit for approximately 14 months and likely had additional active duty credit to reach 15 years and 29 days service, it does not appear that he met the other required criteria for early retirement.

2.  The information on the early retirement program required the soldier to be an E-5 in a promotable status that was allowed to reenlist for more than 15 years and 29 days prior to 1 October 1993.  The criteria also specified that the soldier could not have been selected for separation under the QMP program.

3.  There is no evidence of record, and none submitted by the applicant, that he was reenlisted for more than 15 years and 29 days prior to 1 October 1993 or that he was not separated due to selection under the QMP program.  His entitlement to involuntary separation pay strongly suggests he was separated as an E-5 under the QMP program.

4.  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 the aforementioned requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__MP___  ___JA___  __TK ___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998013222	
SUFFIX		
RECON		
DATE BOARDED	19990902	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	136.05	
2.		
3.		
4.		
5.		
6.