MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:         

	BOARD DATE:             9 June 1999      
	DOCKET NUMBER:   AR1999021792

	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	
	Mr. Kenneth Aucock		Analyst	

  The following members, a quorum, were present:

	Ms. Elizabeth Buchanon		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. James P. Steuve		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:  In effect, the applicant requests that he be granted 20 qualifying years of service for retirement purposes; or barring approval of that request, he be permitted to return to the Army Reserve Control Group (Reinforcement) in order to obtain the qualifying service for Reserve retirement.

APPLICANT STATES:  If he was not involuntarily retired, he would have had over 10 additional years of Reserve service.  Sometime during the Gulf war he was notified that he had enough retirement points to qualify for retirement at age 60, that he was supposed to contact the reserves (Army Reserve Personnel Center at St. Louis) at the age of 60 to apply for retirement, and that he was being taken off Reserve status as he qualified for retirement.

He applied for retirement in February 1997.  His records could not be found, and there was no record of a 20 year letter.  The only document available showed that he was involuntarily retired around 1990.  He had never requested retirement, and would have served until age 62, probably promoted, and accumulated the necessary points for retirement.  

His separation documents show 12 years, 11 months, and 26 days of active duty service; however, it appears that he is credited with only 12 years of service.  He lacks four days of active service in order to qualify for 13 years of active service.  Additionally, he lacks 3 points in order to qualify for a good year in 1980.  He will do whatever it takes to get the needed points in order to qualify for retirement.  He is in excellent health and physical condition, and could benefit the Army in any given assignment.

COUNSEL CONTENDS:  Counsel supports applicant’s request and asks that his case be examined for fairness and equity. 

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

The applicant enlisted in the Army for three years on 29 January 1962, reenlisted on 29 April 1965, and was discharged from the Army on 23 April 1968.  He had 6 years, 1 month, and 25 days of service.  A 1 October 1998 summary of the applicant’s retirement points indicate that he had no military status from 14 April 1968 through 26 August 1968.  He again reenlisted on 27 August 1968 and was discharged early to attend school on 21 June 1972.  He had 9 years, 11 months, and 19 days of service.  From 22 June 1972 through 26 July 1973 he had no military status.  From 27 July 1973 through 26 July 1974 the applicant had service in the Coast Guard Reserve.  He entered active duty as a warrant officer on 16 April 1975 and was released from active duty and transferred to the Army Reserve Control Group (Reinforcement) on 21 January 1976.  His DD Form 214 shows that he had a total of 10 years, 9 months, and 26 days of active service, and 2 years and 2 months of inactive service, for a total of 12 years, 11 months, and 26 days of total service, active and inactive.

His retirement points summary shows he was in a military status until                   1 November 1977 when he was discharged from the Army in the rank of Warrant Officer One (WO1).  He had no military status until 16 February 1979.  His retirement point summary shows that he was in an Army Reserve troop program unit through 23 September 1990, and from 16 February 1979 through                15 February 1986, his retirement year ending date (RYEDT), he had 6 qualifying years of service.  He did not have a qualifying year for the retirement year from 16 February 1980 through 15 February 1981, having earned only 47 points out of the required 50 necessary to have a “good” year.

The applicant’s service after 16 February 1986 and through 23 September 1990 shows service in the Army Reserve, but he apparently did not attend unit training assemblies or annual training, or participate in any other activities in order to obtain retirement points.  His retirement points for those years generally show that he only received 15 membership points for each retirement year.

A notation on his retirement points summary shows that he was in the retired Reserve from 24 September 1990 through 10 September 1998 (his 60th birthday).  That summary also shows handwritten calculations which appear to indicate that the applicant had 33 years, 10 months, and 21 days of total military service; but only 18 years and 22 days of qualifying service for retired pay at    age 60.  

On 17 October 1998 the Army Reserve Personnel Command at St. Louis, in response to his application for retired pay benefits, notified him of his total service and his qualifying service for retired pay, and stated in effect, that he had not completed a minimum of 20 years of qualifying service, and therefore was not entitled to retired pay at age 60. 

Information obtained from the Army Reserve Personnel Command on                 2 June 1999 revealed that the applicant’s transfer to the Retired Reserve in 1990 was voluntary. 

Army Regulation 135-180 implements statutory authorities governing the granting of retired pay to soldiers and former Reserve Component soldiers.  Paragraph   2-1 of that regulation states, in pertinent part, that to be eligible for retired pay, an individual need not have a military status at the time of application, but must have attained age 60, completed a minimum of 20 years of qualifying service, and served the last 8 years of his qualifying service as a Reserve component soldier.

Paragraph 2-8 of the aforementioned regulation describes qualifying service, as pertains to this case, as service performed in an active status in a Reserve component or in active federal service.  Before 1 July 1949 service in the National Guard, the Army Reserve in an active Reserve status, and the Army without specification of component is qualifying service.  After 30 June 1949, a reservist must earn a minimum of 50 retirement points each retirement year to have that year credited as qualifying service.  When a person is in an active status for a period less than a full retirement year, a minimum number of retirement points are required to be earned in order to have that period credited as qualifying service.

Paragraph 2-10 provides instructions for computation of service and states, in effect, that (1) before 1 July 1949, one point will be given for each day of active duty, and 50 points will be awarded for each year of service as a Reserve component soldier.  A proportionate part of 50 points for any fraction of a year will be credited; (2) after 30 June 1949, one point will be given for each day of active duty, 15 points will be awarded for each year of membership in an active status in a Reserve component, and one point for each authorized participation in drills or period of instruction.  Not more than 60 points per year, including membership points, will be credited for inactive duty training in any one retirement year. 

Army Regulation 140-185 prescribes the types of training and activities for which retirement points are authorized and the procedures for recording retirement point credits and training for Reserve soldiers.  Paragraph 1-4 of that regulation provides the criteria for establishing or changing the retirement year (RY), and states, in effect, that soldiers in an active Reserve status on 1 July 1949 will have a retirement year from 1 July through 30 June annually.  After 1 July 1949, the retirement year will be the date of initial entry or reentry (after a break in service) into a Reserve component, or date of transfer to the Reserve component upon release from active duty, or date of transfer from an inactive Reserve status to an active Reserve status.  The retirement year once established will not change as long as the soldier has continuous service in a Reserve and/or regular component.

Army Regulation 140-10 covers policy and procedures for assigning, attaching, removing, and transferring Reserve soldiers.  Chapter 7 concerns removal of soldiers from an active status and states, in effect, that soldiers removed from an active status will be discharged or transferred to the Retired Reserve.  Transfer to the Retired Reserve is authorized when requested by soldiers who are eligible.
Paragraph 6-1 provides the criteria for assignment to the Retired Reserve and states that eligible soldiers must request transfer.

Chapter 6 of the aforementioned regulation concerns transfer from the Retired Reserve, and states that a soldier not receiving retired pay and who is otherwise qualified may be transferred to the IRR, or an appropriate TPU or IMA vacancy.  The transfer must be voluntary based on the soldier’s request.  For transfer to a TPU assignment, the Retired Reserve solider must apply through the TPU commander.  For an IMA assignment, or for transfer to the IRR, the soldier must apply through the Commander of the Reserve Personnel Command at St. Louis.

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

1.  The applicant does not have 20 qualifying years of service in order to be eligible for retired pay, as he has acknowledged.  Absent information to the contrary, his retirement points summary of 17 October 1998 is correct.  He has 18 years and 22 days of qualifying service.    

2.  Contrary to the applicant’s contention, he does not have 12 years, 11 months, and 26 days of active duty service.  That service is both active and inactive service.  His total active service is 10 years, 9 months, and 26 days.  He has been given credit for both his service while on active duty, and his service as a Reserve member.  

3.  There is no evidence to show that the applicant was notified that he had enough points to retire at age 60, and that he was being taken off Reserve status as he had qualified for retirement, nor has applicant submitted any.  His transfer to the Retired Reserve was voluntary.     

4.  The applicant had over 30 years beginning in 1962 in order to obtain 20 qualifying years of service for retired pay at age 60.  Significant in his record, is the years from 1986 to 1990 in which he was a member of the Reserves, but did nothing in order to get two “good” years during that time. 

5.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.   

6.  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.

7.  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.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___eb___  __rjw___  ___jps__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999021792	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1999021792	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1. 135.00		
2.		
3.		
4.		
5.		
6.