PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           9 June 1999                  
	DOCKET NUMBER:   AC91-09098C
				   AR1999015167

	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	
	Mr. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Ms. Elizabeth Buchanon 		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. James P. Steuve		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 that he be granted credit for 20 years of good service for reserve retirement at age 60, or the opportunity to complete one additional year to become eligible for a 20-year retirement letter.

3.  The applicant, through his counsel, states in effect, that he developed a psychological condition which precluded him from completing the necessary requirements of Command and General Staff College (C&GSC) or from participating in any other aspect of reserve duties that would allow him to complete his required 20 years.  His counsel submits an extensive packet in support of the applicant.

4.  The Memorandum of Consideration reflecting the Board’s 12 January 1994 review of the applicant’s request is incorporated herein by reference as if wholly set forth.

5.  The applicant’s military records show that he was commissioned a second lieutenant following his completion of ROTC and served on active duty from 4 May 1964 to 8 December 1968.  During this period he served for 2 years 41/2 months in Viet Nam as an infantry officer.  His awards and decorations include the Bronze Star Medal with V, the Combat Infantryman’s Badge, the Valorous Unit Award, the Vietnam Service Medal with two bronze service stars.  

6.  The applicant transferred to the Army Reserves and continued in the Reserves without interruption until August 1986.  He attained the rank of lieutenant colonel affective 16 April 1983.  During his reserve service he was awarded the Army Reserve Components Achievement Medal with 2 oak leaf clusters.

7.  The applicant’s records do not show the specific date that he was released from his Reserve Troop Program Unit, however, the last Officer Evaluation Report of record shows his service with his drill unit only through the end of the reporting period December 1982.  This predates his promotion to lieutenant colonel by four months. 

8.  On 19 July 1986, the applicant received notice that, due to his non-completion of C&GSC requirements, he was being removed from active status in the Reserves and advising him of his options.  [It is noted that the applicant had completed five of the six units prior to 1982.] 

9.  On 20 August 1986 he received orders notifying him that he was relieved from the USAR Control Group (Reinforcement) by reason of completion of 20 or more years in the Reserves and transferred to the Retired Reserves.  As of retirement year ending (RYE) 17 April 1996, he had 2762 points with 19 qualifying years and three non-qualifying years of service for pay at age 60.

10.  Also included are additional medical records that show that the applicant was diagnosed as suffering from a major depressive disorder in December 1981. He was hospitalized for severe depression in early 1982 with significant therapy following his release.  He was awarded Social Security Disability (SSD) benefits in 1983 and was shown to be able to return to full time work effective January 1987. His SSD benefits were discontinued officially in April 1987.

CONCLUSIONS:

1.  In light of the applicant’s 19 years of uninterrupted dedicated service, the development of his medical condition that significantly impaired his ability to serve, and the fact that he had completed the majority of his educational requirements, the Board considers it an injustice to penalize the applicant by denying him entitlement to Reserve retired pay at age 60.

2.  In view of the foregoing findings and conclusions, the interest of justice would be served by correcting the applicant’s records, as an exception to policy, as recommended below.

RECOMMENDATION:

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

	a.  by redistributing retirement points from prior retirement years, in which he had retirement points in excess of the qualifying minimum, to the non-qualifying retirement year ending 17 April 1994, thereby affording him an additional year of qualifying service; and

	b.  by showing that the individual concerned had completed 20 qualifying years for Retired pay and benefits at age 60 and has accumulated 2732 retirement points.

2.  That the individual concerned be counseled on his Survivor Benefit Plan options and having him make the appropriate election.
BOARD VOTE:  

___EB__  __RJW_ _  ___JPS__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Elizabeth Buchanon____
		        CHAIRPERSON

INDEX

CASE ID	AC91-09098C
AR1999015167	
SUFFIX		
RECON		
DATE BOARDED	19990609	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES        1.	338	
2.		
3.		
4.		
5.		
6.