MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:  22 December 1999
	DOCKET NUMBER:   AR1999021987

	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. Theodore G. Heartley		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Ernest W. Lutz		Member	
	Mr. Arthur A. Omartian		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, that his military records be corrected to show that he acquired sufficient service credit to qualify for retirement pay at age 60.

APPLICANT STATES:  In effect, that his military records were destroyed during his USAR service; that although he’s moved 3 times, he only partially recovered his records; that he is currently under medical care as an out-patient and is unable to hold a full-time job; and that he will be 65 years old in June and should have been receiving his retirement since age 60.

In support of his request, the applicant provided a copy of a chronological statement of retirement points and a detailed personal statement.

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

His date of birth is 28 June 1934.  He had prior active enlisted service in the Navy from 8 September 1953 to 22 August 1957 and prior Navy Reserve service from 23 August 1957 to 22 August 1961.  He had a break in service from 23 August 1961 to 17 August 1975.  

He enlisted in the active USAR on 18 August 1975.  He was appointed to warrant officer status on 14 August 1979.  On 11 January 1987, flagging action was initiated for his failure to maintain weight standards in accordance Army Regulation 600-9.  

On 15 May 1987, his division commander denied his 15 March 1987 request for reassignment due to his failure to attend four unit training assemblies (drill) and reassigned him to inactive status in the USAR Control Group (Reinforcement).

A chronological statement of retirement points indicates that from 8 September 1953 to 17 August 1986, the applicant accumulated 2,410 creditable points and 15 years of qualifying service for eligibility for retirement pay at age 60.  There was nothing in his records to indicate that he resumed active Reserve service after 17 August 1986 or that he accumulated 20 qualifying years of service to qualify for retirement pay at age 60.  Also, there was nothing in his record to indicate that he received written notice of his eligibility for retirement pay at age 60.

Army Regulation 135-180 prescribes the policy and procedures for granting retired pay benefits at age 60, under Title 10, United States Code, Chapter 67, sections 1331 to 1337.  This regulation specifies, in pertinent part, that to be eligible for retired pay an individual must have attained age 60 and completed a minimum of 20 years of qualifying service and that subsequent to 1 July 1949, 

qualifying service is granted only for each year of service an individual earns 
50 or more retirement points.

In the processing of this case, the staff of the Board obtained an advisory opinion from the U.S. Total Army Reserve Personnel Command, Chief, Transition and Separations Branch, stating, in effect and in pertinent part, that the documents provided by the applicant, in an attempt to claim age 60 Reserve retirement, appeared modified when compared to the original document found in his military personnel records.  The opinion further stated the even with the unauthorized modifications, he still has insufficient qualifying service; and that the Board should deny his request with a strong warning regarding submission of fraudulent documents.

On 30 November 1999, the staff of the Board provided the applicant a copy of the advisory opinion for his comment and/or rebuttal.  

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, it is concluded:

1.  The applicant’s request is not warranted when the evidence of record is considered.

2.  The Board concludes that the evidence of record clearly shows that he did not acquire sufficient Reserve Component service to qualify for retirement pay at age 60 and correctly reflects only 15 years of qualifying service for retirement.  He provided no evidence to show an error in the calculation or that he had accumulated 20 years of qualifying service.

3.  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.

4.  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

__RO___  ___EL___  ___AO___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999021987	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19991222	
TYPE OF DISCHARGE	UNKNOWN	
DATE OF DISCHARGE	UNKNOWN	
DISCHARGE AUTHORITY	UNKNOWN	
DISCHARGE REASON	UNKNOWN	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	135	
2.		
3.		
4.		
5.		
6.