MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            16 June 1999      
	DOCKET NUMBER:   AR1999021885

	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:

	Mr. James M. Alward		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Allen L. Raub		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 he be awarded additional retirement points.    

APPLICANT STATES:  In effect, that he has 16 years of qualifying service for retirement, in lieu of the 12 years shown on a 1994 statement of retirement points. 

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

The applicant enlisted in the Army for three years on 12 September 1974 and was released from active duty three years later with an honorable character of service on 11 September 1977, and transferred to the Army Reserve Control Group (Reinforcement) at St. Louis to complete the remainder of his military service obligation.

On 14 December 1977 an order was published transferring him from that control group to the Georgia Army National Guard effective 11 September 1977.  He was discharged from the Army National Guard and as a Reserve of the Army on 12 September 1978.    

The applicant’s Army National Guard current annual statement, prepared as of 18 October 1994, and which he submits with his application, shows his years of military service, identifying his military membership status, i.e., regular service, unit member, control group, etc., and his non creditable periods of service, i.e., civilian break.  That statement shows that his military service began on              23 August 1974 and continued through 11 January 1994, a period of some       20 years; however, with one year of nonqualifying service (1977 to 1978) while assigned to the Georgia Army National Guard, two other years of nonqualifying service while assigned to the Army Reserve Control Group (Reinforcement), and a break in service of more than four years.  He had 12 creditable years of service for retired pay.

In the processing of this application, an advisory opinion (ATTACHED) was obtained from the Army Reserve Personnel Command.  An official of that command stated that the retirement points accounting system was updated to include all service from 1974 to 1994, and that no service could be verified after January of 1994.  His total service creditable [for retired pay] was 12 years and 20 days.  The applicant was furnished a copy of the advisory opinion for his information and possible rebuttal.  He failed to respond.

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 as an enlisted person 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.
    
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 has not provided any evidence to support his contention that he has 16 years of creditable service for retired pay.  The advisory opinion indicates that there is no information showing service beyond January of 1994.  He has provided nothing to indicate otherwise.

2.  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

___jma___  ___mhm__  ___alr__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999021885	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990616	
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. 135.02		
2.		
3.		
4.		
5.		
6.