MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           1 December 1999                   
	DOCKET NUMBER:   AR1999018610

	I certify that hereinafter is recorded the record of consideration 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:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Elzey J. Arledge, Jr.		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  That his date of rank as a captain (CPT) and his mandatory retirement date (MRD) be adjusted 8 years and 8 months.

APPLICANT STATES:  That on 31 May 1988 he was assigned to the Health Professions Scholarship Program (HPSP) to attend medical school.  He had to resign his commission as an Engineer Branch CPT and accept a commission as a second lieutenant (2LT).  In September 1988, he declined the scholarship and did not attend medical school but his records had already been transferred to the HPSP.  Due to Army errors, he was not transferred back to the Engineer Branch
and his rank of CPT was not restored until January 1997.  The time he was in the HPSP (31 May 1988 – 28 January 1997) was incorrectly counted as time in grade for promotion eligibility to Major (with a date of rank of 1 June 1983, he had 14 years time in grade as a CPT).  While he was in an educational delay status, he did not hold the rank of CPT and he was not allowed to serve in a Reserve unit (he was not really in the Army during this time).  He therefore does not have any evaluations for this time period.  He was not selected for promotion to major in 1998 due to this long period of non-rated time.  Supporting evidence is as listed on the DD Form 149.

EVIDENCE OF RECORD:  The applicant's military records show:

He was commissioned out of West Point and entered active duty on 6 June 1979.  He was promoted to CPT in the Engineer Branch on 1 June 1983.  He was released from active duty on 15 February 1985 and was appointed a U. S. Army Reserve (USAR) commissioned officer, CPT, on this date.  

Around March 1988, the applicant applied for an appointment in the HPSP.  On 15 May 1988 (the appointment letter is erroneously dated 15 May 1989), the applicant was appointed a USAR 2LT, student officer.  He executed his oath of office as a 2LT on 31 May 1988.  Orders published 28 August 1988 assigned him to the USAR Control Group (OADO) (Officer Active Duty Obligor).  Apparently, he declined to accept the scholarship in September 1988.

The applicant provides two letters he wrote in 1991, one to the Office of the Surgeon General and one to the Army Reserve Personnel Center (ARPERCEN) and a summary of several phone conversations he had in 1991 concerning his transfer back to the Engineer Branch.

In a 1 February 1996 letter to ARPERCEN, the applicant related that he had attempted to have his commission as a CPT reinstated.  He had talked to different people from ARPERCEN on several occasions about having that done, but he was never able to find the right individual to talk to.  He finally just gave up until May 1991, when he received a request from ARPERCEN to complete some forms associated with the HPSP.

On 28 August 1996, the U. S. Total Army Personnel Command revoked the applicant’s appointment as a Reserve commissioned officer in the HPSP because his declination of the HPSP scholarship made his appointment invalid.  He was informed he would retain his commission as a CPT in the Engineer Branch, USAR and would be placed in the Individual Ready Reserve.  Effective 28 January 1997, he was transferred from the USAR Control Group (Annual Training) to the USAR Control Group (Reinforcement).  (This order appears to be in error as it shows his grade as 2LT and his pay entry basic date (PEBD) as    31 May 1988.)

The Retirement Points Accounting System (RPAS) does not show the applicant’s service in the Regular Army and shows no service between retirement year ending (RYE) date 15 February 1988 and retirement year beginning (RYB) date 16 February 1992.  RPAS also erroneously shows a pay entry basic date (PEBD) of 31 May 1988 and an MRD of 30 May 2016.  Since it appears he never had a break in service, his PEBD should be 6 June 1979 and his MRD 5 June 2007.

Army Regulation 135-180 implements statutory authorities governing the granting of “retired pay” to soldiers and former Reserve components soldiers.

Sections 12731 through 12738 of Title 10, U.S. Code, authorize retired pay for Reserve component military service.  Under this law, a non-regular service member is entitled, upon application, to retired pay if the person is at least 60 years of age; has performed at least 20 years of qualifying service; and shall have performed the last eight years of qualifying service while a member of a reserve component.  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.

Department of the Army Pamphlet 600-3 is intended as a professional development guide for individual officers.  In pertinent part, it states that officers in many respects are ultimately their own career managers.  The key is to be involved in career development by making informed logical decisions and acting on them.  One important element of an officer’s involvement is the accurate reflection of information in the official military personnel files maintained by Headquarters, Department of the Army (or, in the case of Reserve officers, in the files maintained by ARPERCEN/Army Reserve Personnel Command).  Officers should review, update and maintain these records throughout their careers.

Army Regulation 135-175 prescribes the policies, criteria and procedures governing the separation of Reserve officers of the Army.  In pertinent part, it states that a member of the USAR who has at least 3 years of service as a commissioned officer may not be discharged without his consent, except under an approved recommendation of a board of officers convened by an authority designated by the Secretary of the Army, by the approved sentence of a court-martial, or as otherwise specifically provided by law.  It also states that members of the Army Reserve will be removed from an active status upon completion of the maximum authorized years of service as prescribed in Army Regulation    140-10.

Army Regulation 140-10 prescribes policies to assign, attach or transfer U. S. Army Reserve soldiers.  In pertinent part, it states that lieutenant colonels and below will be removed from an active status upon completion of 28 years of commissioned service if under age 25 at initial appointment.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  The Board is unclear why the applicant would believe he “was not really in the Army” during the period in question.  Members of the USAR with at least 3 years of commissioned service may not be discharged without their consent.  He never received discharge orders because he always retained an Army status. 

3.  The Board notes that the applicant’s RPAS history is incomplete by not showing his Regular Army service or his membership points for RYE dates       15 February 1989, 1990 and 1991.  However, the Board also notes that during the periods he “knew” he was in the USAR, RYE dates 15 February 1987, 1988, 1998 and 1999, he failed to earn enough points to count as qualifying years for retirement.  In fact, in three of those years he earned only membership points or two points over and above his membership points.

4.  The Board agrees with the applicant that an error was made when his records were not transferred back to the Engineer Branch after he declined the HPSP scholarship.  However, the Board concludes that this error did not result in an injustice to the applicant.  Officers are ultimately their own career managers.  He should never have “given up” in trying to find the right individual to talk to.  It appears that he “gave up” again after his contacts in 1991 since his transfer was not effected until 1997.  It appears that even after his records were transferred back to Engineer Branch he failed to actively participate in the USAR.

5.  The applicant’s current MRD should be 5 June 2007.  The Board concludes that his past USAR participation history does not warrant granting the relief requested.

6.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE:  The Army Review Boards Agency, Support Division, will be directed to administratively correct the applicant’s records by updating RPAS to show his Regular Army service and by showing he earned membership points for RYE dates 15 February 1989, 1990 and 1991.  All other information in RPAS will be reviewed and corrected as appropriate.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__MKP___  __AAO___  __EJA___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999018610	
SUFFIX		
RECON		
DATE BOARDED	19991201	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	136.00	
2.		
3.		
4.		
5.		
6.