PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           7 July 1999                   
	DOCKET NUMBER:   AR1999017141

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Meta Waller		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 his records be corrected to show 1967 as a qualifying year for retirement.  He provides no documentation in support of his request.

3.  The applicant states that since he was an obligated member of the USAR and attended all training he must have had a good year.

4.  The applicant’s military records show that he enlisted in the USAR on 7 June 1965 and was assigned and drilled with USAR units.  Effective 23 April 1979 he received a direct commission as a first lieutenant.  He was promoted to captain effective 19 June 1982 and continued as a USAR unit member.

5.  In April 1986 the applicant requested transfer to the Individual Ready Reserve (IRR) due to employment conflicts.  Effective 2 June 1986 he was transferred to the IRR.  On 15 March 1991 he received his second nonselection for promotion to major.  Because he was credited with over 18 qualifying years of service for retirement he was retained for a maximum of three additional years to obtain two more qualifying years for retirement.

6.  According to a statement of retirement points issued on 8 September 1992 the applicant failed to perform additional Reserve activities while in the IRR to obtain additional qualifying retirement years.  He was transferred to the Retired Reserve effective 12 June 1994 with 19 qualifying years for retirement.  There is no evidence of record that he was ever issued a notification that he was eligible for retired pay at age 60 (20-year letter).

7.  A retirement points summary prepared on 27 June 1994 shows that he was credited with 38 points for the retirement year ending 6 June 1968.  There are no additional documents in the available record to support additional retirement points for that period.  However for the retirement year ending 6 June 1986 there are only 27 points recorded even though the USAR retirement point credit card, also in the record, shows 57 points for that time period.

8.  It was also noted in the record that the applicant was never credited with retirement points for completion of any Army extension courses although the record indicates that he completed several courses.  Available in the record is a notice of completion of one such course for a credit of 24 hours in 1981.  The equivalent 8 retirement points credit does not appear on his retirement points statement.

9.  Army Regulation 140-10 provides for the assignment, transfer and separation of USAR personnel.  It states that an officer who twice fails selection for promotion to lieutenant colonel will be discharged unless eligible for and request transfer to the Retired Reserve.  It also states that officers who have over 18 years of qualifying service will be retained for up to 3 additional years in order to attain 20 years.

10.  Army Regulation 135-180 provides the policy of qualifying nonregular service for retired pay.  It states that to be eligible for retired pay an individual must have completed a minimum of 20 years of qualifying service and the last 8 years must have been served in a Reserve component.

CONCLUSIONS:

1.  It is a long held belief that senior NCO’s and officers are partially responsible for the management of their career and maintenance of their official records.  Although the applicant voluntarily transferred to the IRR without first receiving his 20 year letter, and failed to perform any duties that would have earned him retirement points while a member of the IRR, it appears that an error occurred when he was not provided credit for retirement points that he did earn.

2.  It appears that he should be credited with an additional 8 retirement points for the year ending 6 June 1981 for completion of correspondence courses and he should be credited with an additional 30 retirement points for drill attendance for the year ending on 6 June 1986.  There is no evidence of record, and the applicant has provided none, to show what additional retirement points he may have earned for the year ending 6 June 1967.

3.  Since crediting the applicant with 30 additional retirement points for 1986 will provide him 20 qualifying years of service for Reserve retirement at age 60 he is also entitled to receive a 20 year letter and the opportunity to enroll in the survivor benefit program (SBP).

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

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

a.  by correcting the retirement points record of the individual concerned to add the additional 8 points to the year ending in 1981 and 30 additional points to the year ending in 1986; and

b.  by providing him notification of eligibility for retired pay at age 60 with the concurrent opportunity to enroll in the SBP.

2.  That so much of the application as is in excess of the foregoing be denied 

BOARD VOTE:  

__inw___  __jea___  __mw____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Irene N. Wheelwright
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999017141	
SUFFIX		
RECON		
DATE BOARDED	19990707	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	136.03	
2.		
3.		
4.		
5.		
6.