MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           20 October 1999                   
	DOCKET NUMBER:   AR1999024178

	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:

	Mr. Fred K. McCoy		Chairperson	
	Mr. John H. Kern		Member	
	Ms. Barbara J. Ellis		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 credited with an additional 3 months service.

APPLICANT STATES:  That he exceeded his retirement date by 3 months.
He provides as supporting evidence his DD Form 214 from his U. S. Marine Corps service, his conditional release from the Marine Corps Reserve letter, the order announcing his Federal recognition, his warrant officer oath of office, the order announcing withdrawal of his Federal recognition, his commissioned officer oath of office, a statement of service, his retirement points history statement, and the orders transferring him to the Retired Reserve.

EVIDENCE OF RECORD:  The applicant's military records are not available.  The information contained herein was obtained from documents provided with his application.

After having had prior service in the U. S. Marine Corps and the Marine Corps Reserve, he entered the Army National Guard on 12 January 1979.  Orders dated 29 September 1998 show he was discharged from the Army National Guard and transferred to the Retired Reserve effective 1 July 1998.  His Retirement Points History Statement ends effective 1 July 1998.

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 USAR soldiers.  In pertinent part, it provides that an annual Statement of Retired Points will be prepared for all soldiers regardless of the number of points awarded.  The purpose of the statement is to give a permanent record of the total retirement points a soldier earns during a retirement year; to tell the soldier whether he/she earned sufficient points to be credited with a qualifying period for retired pay or for retention in an active status; and to give the soldier an opportunity to request correction of errors in the statement.

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 applicant contends he “exceeded” his retirement date but does not explain what he means by “exceeded” nor state why he “exceeded” his retirement date nor does he provide any supporting evidence.

3.  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

__fkm___  __jhk___  __bje___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999024178	
SUFFIX		
RECON		
DATE BOARDED	19991020	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	135.02	
2.		
3.		
4.		
5.		
6.