PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           26 April 2000                 
	DOCKET NUMBER:   AR1999016058

	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. Gerald E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Curtis L. Greenway		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 a reconsideration of his request to correct his records by showing that he had a qualifying retirement years ending (RYE) 30 June 1950, 10 April 1992 and the partial year ending 14 September 1992.  He also requests that his total points creditable be adjusted to reflect these years.

3.  The applicant states that although the Board’s 24 February 1993 decision granted him some of these changes he has not received any notice of these corrections.  He further notes that his final partial year of service has not been credited for his retirement points calculations.

4.  The Record of Proceedings reflecting the Board’s 24 February 1993 review of the applicant’s request is incorporated herein by reference as if wholly set forth.

5.  The applicant’s record shows that he served actively in the Reserves from 28 February 1949 to 2 December 1958 and from 11 April 1980 until being placed on the retired list 14 September 1992.  

6.  The applicant’s most recent Statement of Retirement Points credits him with 20 qualifying years, 1637 creditable points and 21 years 5 months and 2 days of total service.  This report shows only 32 points for RYE 30 June 1950, omits the periods from 8 December 1991 to 10 April 1992, which is reflected on earlier reports, and from 11 April 1992 until his placement on the retired list, 14 September 1992.

7.  A letter dated 14 June 1990 indicates that the applicant was being closely monitored to insure that he maintained a adequate level of participation and that upon meeting the 20 years of qualifying service he would immediately be transferred to the Retired Reserve.

8.  A print out of the applicant’s retirement points as of 3 December 1999 was obtained Army Review Boards Agency, St. Louis.  This document shows a qualifying year of 11 April 1991 to 10 April 1992 with a total of 79 points.  However, it does not reflect the intended adjustment to the 1950 RYE nor does it show the period between 11 April 1992 and 14 September 1992.  

CONCLUSIONS:

1.  A review of the Board’s prior action shows that it was the intent of the Board to grant the applicant a fully qualifying year for RYE 30 June 1950 to include granting him additional inactive duty points in order to show he received a total of 50 creditable points for that year.

2.  The most current retirement points summary does show that the applicant is correctly credited with a fully qualifying year ending 10 April 1992.  However, it does not show that he had a qualifying year in 1950 as previously directed by the Board.  Additionally, it does not show credit for his participation from 11 April 1992 until he was placed on the retired list affective 14 September 1992. 

3.  It is in the interest of justice and equity to show that the applicant has in excess of 21 qualifying years of service with appropriate adjustment in his total points creditable to include the adjustment of the RYE 1950 and the partial RYE 14 September 1992.

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

RECOMMENDATION:

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

a.  by showing that the individual concerned had a creditable retirement year ending 30 June 1950 with an additional 18 inactive duty points for a total of 50 points; 

b.  by showing that the individual concerned had a creditable retirement year ending 10 April 1992 with 48 inactive duty points, 15 membership points and 19 active duty points for a total of 79 points; and,

c.  by showing that the individual concerned had continued to participate through the partial year of 11 April 1992 until 14 September 1992 with 20 inactive duty points and 6 membership points for a total of 26 points.
2.  That the record of the individual concerned be reviewed and appropriate adjustments to his reserve retired pay be made to reflect these changes.

3.  Upon completion of these actions the individual concerned should be issued a revised summary of his reserve retirement points to reflect these changes.

BOARD VOTE:  

__SK____  __KAK__  __CLG__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Stanley Kelley___________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999016058	
SUFFIX		
RECON	 	
DATE BOARDED	20000426	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	
GRANT	
REVIEW AUTHORITY		
ISSUES         1.	135.02	
2.		
3.		
4.		
5.		
6.