MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:         10 November 1998     
	DOCKET NUMBER:   AC98-05934

	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. Kenneth Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Ms. Irene N. Wheelwright		Member	
	Ms. Margaret K. Patterson		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:  In effect, the applicant requests credit for 20 years of qualifying service in order to be eligible for retired pay at age 60.  He requests that his service time be changed from 13 years, 6 months, and 11 days to 
20 years and 5 months.

APPLICANT STATES:  That he believes that the time he served in the Air Force is not included in his record.  He states that his DD Form 214 (Certificate of Release or Discharge from Active Duty) of 18 March 1991 (this date was corrected to 22 March 1991) shows that he had 18 years, 10 months, and 7 days of service.  He was injured while on active duty in June of 1992, which would show another 1 year and 3 months of service, for a total of 20 years, 1 months, and 7 days of service.  He was also on orders to report to a doctor while on the temporary disability retired list (TDRL), and he questions whether that time, and the time he spent on the TDRL count toward retirement.     

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

The applicant was born on 24 April 1938.  He entered the Army on 26 April 1954 and was discharged on 16 June of that same year because of his minority status (he was underage).  He had 1 month and 21 days of service.

He was in the Air Force from 17 May 1955 until his discharge on 
10 September 1957.  He had 2 years and 6 months of service and 111 days of lost time. 

He enlisted in the Illinois Air National Guard for 6 years on 7 July 1984 and was discharged because of a medical disqualification on 25 June 1985.  He had 
11 months and 19 days of service.  

The applicant enlisted in the Army Reserve for 3 years on 21 July 1988 and reenlisted for 8 years on 15 October 1989.  He was on active duty for Operation Desert Storm/Desert Shield from 17 November 1990 to 22 March 1991 for a total of 4 months and 6 days.  His DD Form 214 shows 2 years, 2 months, and 11 days of prior active service, and 16 years, 3 months, and 20 days of prior inactive service.  Thus, his total service up to his discharge on 22 March 1991 was 18 years, 10 months, and 7 days, just as he states in his application.

The applicant’s summary of his retirement points as of 5 October 1998 from the time he entered the Army in 1954 through 15 May 1997 show that he earned 
52 retirement points during his first enlistment in the Army, and that he earned 
50 retirement points or more for 13 years, to include the time that he spent in the Air Force.  He did not earn 50 retirement points during the time he served with the Illinois Air National Guard.
This summary of retirement points shows that the applicant had service other than the 13 plus years mentioned; however, in none of those years of service does that summary show that he earned 50 retirement points.

Army Regulation 135-180 implements statutory authorities governing the granting of retired pay to soldiers and former Reserve Component soldiers.  Paragraph 2-1 of that regulation states, in pertinent part, that to be eligible for retired pay, an individual need not have a military status at the time of application, but must have attained age 60, completed a minimum of 20 years of qualifying service, and served the last 8 years of his qualifying service as a Reserve component soldier.

Paragraph 2-8 of the aforementioned regulation describes qualifying service, as pertains to this case, as service performed as an enlisted person in an active status in a Reserve component or in active federal service.  Before 1 July 1949 service in the National Guard, the Army Reserve in an active Reserve status, and the Army without specification of component is qualifying service.  After 
30 June 1949, a reservist must earn a minimum of 50 retirement points each retirement year to have that year credited as qualifying service.  When a person is in an active status for a period less than a full retirement year, a minimum number of retirement points are required to be earned in order to have that period credited as qualifying service.

Paragraph 2-10 provides instructions for computation of service and states, in effect, that (1) before 1 July 1949, one point will be given for each day of active duty, and 50 points will be awarded for each year of service as a Reserve component soldier.  A proportionate part of 50 points for any fraction of a year will be credited; (2) after 30 June 1949, one point will be given for each day of active duty, 15 points will be awarded for each year of membership in an active status in a Reserve component, and one point for each authorized participation in drills or period of instruction.  Not more than 60 points per year, including membership points, will be credited for inactive duty training in any one retirement year. 

Army Regulation 140-185 prescribes the types of training and activities for which retirement points are authorized and the procedures for recording retirement point credits and training for Reserve soldiers.  Paragraph 1-4 of that regulation provides the criteria for establishing or changing the retirement year (RY), and states, in effect, that soldiers in an active Reserve status on 1 July 1949 will have a retirement year from 1 July through 30 June annually.  After 1 July 1949, the retirement year will be the date of initial entry or reentry (after a break in service) into a Reserve component, or date of transfer to the Reserve component upon release from active duty, or date of transfer from an inactive Reserve status to an active Reserve status.  The retirement year once established will not change as long as the soldier has continuous service in a Reserve and/or regular component.
 
DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  The applicant had over 18 years of service, both active and inactive, as he has stated in his request and as indicated on his 22 March 1991 DD Form 214.  This 18 years, however, does not equate to 20 qualifying years of service for retired pay.  Contrary to his contention, his Air Force service has been considered in the computation of his years of service.  Nonetheless, the  applicant simply does not have the necessary qualifying service to be eligible for retired pay.  The computation showing his qualifying years of service for retired pay is considered correct. 

2.  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

___CMF__  ___INW__  __MKP_  DENY APPLICATION

						Loren G. Harrell
						Director