PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           24 November 1998                   
	DOCKET NUMBER:   AC98-12079

	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.  

	Mr. Loren G. Harrell		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Mr. Robert W. Garrett		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests correction of his military records to show he was discharged from his initial U. S. Army Reserve enlistment on 16 August 1962.

3.  The applicant states his discharge was in error.  He originally enlisted for       6 years on 17 August 1956.  The discharge of 31 July 1962 is denying him the completion of a full year of service required to qualify him for a Reserve retirement.  He submits a statement of support wherein a former U. S. Army Reserve technician states that this was “a familiar case of clerical personnel discharging him before the completion of his required service obligation.”

4.  The applicant’s military records show that he enlisted in the U. S. Army Reserve on 17 August 1956 for 6 years.  His discharge orders are not available but other documentation shows he was separated on 31 July 1962 by reason of expiration of his term of service.  He reenlisted in the U. S. Army Reserve on    12 November 1963 and was discharged from the Ready Reserve effective        11 September 1981.

5.  When he applied for retired pay, he was informed that he had completed only 19 years, 11 months and 15 days of qualifying service and that twenty full years of qualifying service are required to be eligible for retired pay at age 60.

6.  Sections 1331 through 1337 of Title 10, U.S. Code, authorize retired pay for Reserve component military service.  Under this law, a Reserve soldier must complete a minimum of 20 qualifying years of service to be eligible for retired pay at age 60.  The term “good years” is an unofficial term used to mean years in which 50 or more retirement points are earned during each year and which count as qualifying years of service for retirement benefits at age 60.

CONCLUSIONS:

1.  Except for a short break in service, the applicant actively participated in the Ready Reserve until on or about November 1977.  He was discharged from the Ready Reserve in 1981.

2.  At the time he applied for retired pay, he was informed that he had only         19 years, 11 months and 15 days of qualifying service.

3.  If the applicant had not been erroneously discharged 16 days short of the completion of his initial 6-year service obligation, he would have completed the required additional 15 days of qualifying service and the required full year of qualifying service.

4.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by:

     a.  changing his initial discharge date from 31 July 1962 to 16 August 1962;

     b.  by changing his retirement year ending date 31 July 1962 to read             16 August 1962; and
     c.  by issuing him a certificate of eligibility to show that he is entitled to Reserve retired benefits at age 60.

BOARD VOTE:  

GDP____  CLA____  RWG____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-12079	
SUFFIX		
RECON		
DATE BOARDED	19981124	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	135.00	
2.		
3.		
4.		
5.		
6.