PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           14 April 1999     
	DOCKET NUMBER:   AR1999018463

	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. Kenneth Aucock		Analyst	

  The following members, a quorum, were present:

	Ms. Karen L. Wolff		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Thomas B. Redfern, III		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 awarded retirement points for the period     1 January 1995 through 31 October 1995 that he would have earned had he been allowed to remain in an active drill status. 

3.  The applicant states that he was separated from the New York Army National Guard (NYARNG) on 31 December 1994 because of non-selection by the 1995 state selective retention board.  The board results have since been declared void, and he has elected to return to active drill status.  Had he not been separated, he would have performed drills and annual training and would have been awarded 45 retirement points.  

4.  The applicant’s military records show that the applicant was a lieutenant colonel in the NYARNG, assigned to HHD STARC, NYARNG, when he was notified in November 1994 that he was considered but not recommended for retention in the Army National Guard.  He was informed that he would be separated on 31 December 1994.

5.  The applicant was discharged from the Army National Guard on 31 December 1994 and transferred to the Reserve Control Group (Retired) in St. Louis. 

6.  On 26 October 1995 the applicant was informed that as a result of his election to return to an active status in the NYARNG, the order discharging him from the ARNG was revoked.  That notification made reference to an 18 September 1995 memorandum, subject:  Void of 1995 Officer Selective Retention Board.  The applicant was informed that he was authorized to begin performing duty effective 1 November 1995, and that he could apply to this Board for credit for the retirement points he might have earned had he been in an active status during the period 1 January – 31 October 1995.    

7.  Attached to the applicant’s request is a unit training schedule for HHD STARC(-) for the period 1 October 1994 through 12 September 1995.  That schedule indicates that the applicant, because of his discharge on                     31 December 1994, missed 36 inactive duty training (IDT) assemblies.

8.  The applicant attaches a list of the points that he has earned, the number of training assemblies attended, and the number of days he has served on active duty, since 1969.  That list shows that he consistently attended most, if not all, of the normal 48 IDT assemblies scheduled during a given year, and in some instances attended more than 48 drills.  That list also shows that he continuously received points for annual training, with the least number of points received since 1980 being 15.  

CONCLUSIONS:

1.  The applicant should be awarded 45 retirement points for the IDT assemblies and the annual training that he would have earned had he remained in an active status in the New York Army National Guard from the period 1 January 1995 to    31 October 1995.   

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned be credited with 36 retirement points for IDT assemblies, and 9 retirement points for annual training, during the period      1 January 1995 through 31 October 1995.  

BOARD VOTE:  

___klw__  ___aao__  ___tbr__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999018463	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990414	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1. 135.02		
2.		
3.		
4.		
5.		
6.