MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            4 November 1998                  
	DOCKET NUMBER:   AC98-10409

	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:

	Mr. James E. Vick		Chairperson	
	Mr. Luther L. Santiful		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 records be corrected to reflect his Retirement Year End (RYE) date as 9 August and that he be awarded at least 50 retirement points for the years 1980 and 1981.

APPLICANT STATES:  That he attended USAR unit training from August 1979 through February 1981 and both 1980 and 1981 should be considered good retirement years.  He also states that his RYE should run from 10 August through 9 August of the following year.  He submits a copy of a recent Air National Guard retirement point summary in support of his application.

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

He served on active duty with the Army from 10 August 1976 through 9 August 1979.  He was separated from active duty and transferred to the IRR.  The available record indicates he was assigned to a USAR unit effective 23 August 1980 and remained assigned through 27 July 1987.  On 28 July 1987 the applicant enlisted in the Air National Guard where he continues to serve.

The applicant’s records show that he originally enlisted in the delayed entry program (DEP) effective 13 February 1976 which established his original RYE as 13 February through 12 February of the following year and all succeeding years as long as their was not a break in service.

The retirement point summary provided by the Air National Guard shows that they have changed his RYE date to 10 August through 9 August of each succeeding year.  This date corresponds to his entry and separation from active duty.

A copy of the applicant’s retirement points summary provided by the Reserve Personnel Command (AR-PERSCOM) shows that his RYE start date was established on his entry in the DEP on 13 February 1976 and runs through 12 February of each succeeding year.  His RYE ending on 12 February 1980, which was his first partial year in the USAR, is shown as a transition year and is considered a good year for retirement purposes although he earned only 8 retirement points.  His records show that from 13 February 1980 through 12 February 1981 he was credited with 22 points for unit attendance and 15 membership points.

Army Regulation 140-185 provides the policy for establishment and changes to the RYE.  It provides that the RYE, once established, will not change as long as the soldier has continuous service in an active status with a regular or Reserve Component.  Only after 1 January 1985 does time spent in the DEP not establish the RYE.
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.  The applicant is not entitled to credit for retirement points he did not earn or is he eligible to have the dates of his RYE changed.  He has not shown that the record is in error or unjust.

2.  His RYE date is correctly shown in the Army system beginning with his entry in the DEP.  It appears that an error occurred when he was accessioned in the Air National Guard and the applicant should request that the Air Force correct that record.

3.  Army records also show that he has a creditable retirement year for the RYE ending on 12 February 1980.  However the records show that he was assigned to a USAR unit effective 23 August 1980 and only earned 37 points for the RYE ending on 12 February 1981.

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

JEV_____  LLS_____  TNK_____  DENY APPLICATION

						Loren G. Harrell
						Director