PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            18 August 1999                  
	DOCKET NUMBER:   AR1999025743

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mr. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Edward Williamson		Member	
	Ms. Sherri V. Ward		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

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

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that his retirement points be corrected to authorize him 20 years required for retirement at age 60.

3.  The applicant states, in effect, that there are many errors in his retirement point statement preventing him from having credit for 20 years service for retirement.  His current retirement point statement shows that he has only 19 years 11 months 
8 days qualifying service.  He supplies a copy of his retirement point summary from 21 September 1998 showing the periods where errors exist.

	a.  One error is in the Retirement Year (RY) 4 February 1956 to 11 February 1957 where he was discharged early from the Regular Army for early separation of overseas returnee and thereby unwittingly denied a good year for retirement.  He received only 11 months 8 days credit for that year.  A copy of his discharge from active duty for this period is provided.

	b.  A second error is for the RY 12 January 1960 to 11 January 1961 where he was not credited for 92 days Active Duty for Training (ADT) for attendance at the Parachute Packing Maintenance and Aerial Delivery Course at Fort Lee from 3 July to 2 October 1960.  He provides a copy of his orders for this course.  This RY was a good year with 58 points excluding the missing 90 points for 90 days active duty for training.

	c.  A third error is for the RY 12 January 1961 to 11 January 1962 where he was not credited for ADT attendance at the Infantry Officer Candidate Reserve Component Course which ended on 15 August 1961.  He submits a copy of his graduation certificate dated 15 August 1961 and a copy of the program for the graduation ceremony for his Class 2-61, 51st Company, held on 15 August 1961 at the US Army Infantry School, Fort Benning, Georgia.  The program lists his name as one of the graduates.  This RY was a good year with 60 points excluding the missing points for the course.

	d.  A fourth error is for RY 12 January 1963 to 11 January 1964 where he was not credited with 28 points for Inactive Duty for Training (IDT).  He submits DA Forms 2139, Military Pay Vouchers, as evidence of these missing points.  This RY was a good year with 205 points excluding the missing 28 points for IDT.

	e.  A fifth error is for RY 12 January 1973 to 11 January 1974 where he was not credited for 115 hours of correspondence course work (38 retirement points) for Phase 2 of Command and General Staff College (CGSC).  He submits a copy of the phase completion certificate showing completion of 115 hours.  This RY was a good year with 60 points including 25 points for unnamed extension course completion excluding the missing points 38 points for the CGSC Phase 2.

	f.  A sixth error is for RY 12 January 1975 to 11 January 1976 where he was not credited for 14 days ADT for attendance at CGSC Phase 6 at the University of Southern Mississippi from 19 July to 2 August 1975 (including travel).  He submits a copy of his travel voucher and Phase 6 completion certificate as evidence of this ADT.  This RY was not a good year with only 29 points credited including 14 points for an ADT.

	g.  A seventh error is during the period 12 January 1974 to 11 January 1975 where this RY period is broken into two periods (12 January to 31 December 1974 and 1 January to 11 January 1975).  The applicant states that his status did not change, that he was assigned to a USAR School during the entire period, and that the regular RY period should not have been broken into two periods.

	h.  An eighth error is for the 2 year period of 12 January 1974 to 11 January 1976 where there are no points shown for IDT or correspondence courses completed.  He submits six USAR Exam Reports from the period 19 February 1975 to 6 August 1975 and training schedules for USAR School for the period of 
1 September 1976 to 31 May 1977.

4.  Concerning the duration of the Infantry Officer Candidate Reserve Component Course at Fort Benning which ended on 15 August 1961, the applicant's Official Military Personnel File shows that he attended the course from 11 June 1961 to 
16 August 1961 (67 days).  The record also confirms at the Parachute Packing Maintenance and Aerial Delivery Course at Fort Lee from 3 July to 2 October 1960 (92 days).

5.  The applicant’s military records provide almost no supporting documents on the errors in question to corroborate the evidence provided by the applicant.  However, the evidence supplied by the applicant are copies of military documents from his personal files and are accepted as part of his military record.  His military records do show that he enlisted in the Regular Army on 4 February 1954 where he served as an Airborne Infantry Clerk Typist and rose to the rank of E-3.  He was honorably released from active duty and transferred to the Reserves by reason of early separation for overseas returnees.  He served in Army Reserve Troop Program Units (TPU).from 1958 to 1963.  He rose to the rank of E-6 in the Infantry.  He attended the Infantry Officer Candidate Reserve Component Course at Fort Benning from 11 June 1961 to 16 August 1961.  On 15 January 1962, he was commissioned a 2nd Lieutenant in the Infantry, USAR.  On 6 July 1963, he was called to active duty.  He served in infantry and logistic assignments and rose to the rank of Captain on
27 July 1966.  He was honorably released from active duty and transferred to the Reserves on 4 April 1972 by reason of failure to meet minimum standards for retention.  He served in the Reserve Control Group and TPUs and was a student in USAR Schools for Command and General Staff College from 1972 to 1983.  He rose to the rank of Lieutenant Colonel.  He was transferred to the Retired Reserve on 
19 December 1983 by reason of completion of 20 or more years in the Reserves.  However, later upon application for retired pay benefits in 1998, the applicant was told that he only had 19 years 11 month 8 days of qualifying service for retirement.
6.  Retirement at age 60 for members of the Army Reserves requires that they have 20 years creditable service with a minimum of 50 retirement points for each year and the last eight years must be served in the Army Reserves.  The applicant's records show that he has 19 years 11 months 8 days creditable service toward retirement with his last 5 years creditable for retirement being in the Reserves.  Preceding those five years he had 11 years of active duty (9 as an officer and 2 as enlisted), 
3 years in the Reserves (1 as an officer and 2 as enlisted), and 11 months 8 days as active duty enlisted when he was discharged early from his 3 year enlisted term of service as an overseas returnee early separation.

CONCLUSIONS:

1.  Error one should be corrected for the period 4 February 1956 to 11 January 1957 to change his status from Regular Army to USAR as a matter of justice and exception to give him a good year towards retirement to correct the error made by the system of discharging him early before his regular ETS without consideration for the consequent loss of a good year toward retirement.  This will give him 20 years creditable for retirement.

2.  Error two should be corrected by adding 92 ADT points to RY 12 January 1960 to 11 January 1961 to give him credit for attendance at the Parachute Packing Maintenance and Aerial Delivery Course at Fort Lee from 3 July to 2 October 1960 (92 days).

3.  Error three should be corrected by adding 67 ADT points to RY 12 January 1961 to 11 January 1962 to give him credit for attendance at the Infantry Officer Candidate Reserve Component Course from 11 June to 16 October 1961 (67days).

4.  Error four should be corrected by adding 28 IDT points to RY 12 January 1963 to 11 January 1964 for 28 days IDT not credited.

5.  Error five should be corrected by adding 13 points to RY 12 January 1973 to 
11 January 1974 for additional points for correspondence CGSC Phase 2.  This RY already showed 25 points for correspondence which is assumed to be for correspondence CGSC Phase 2 since there is no evidence that the applicant was taking other correspondence courses while he was taking CGSC Phase 2.  The total correspondence course retirement points for this RY should be 38 points.

6.  Concerning error six alleging 14 days ADT for attendance at CGSC Phase 6 missing from RY 12 January 1975 to 11 January 1976, this RY already shows credit for 14 days ADT which must be assumed to be for the CGSC Phase 6 in the absence of any evidence to the contrary.

7.  Error seven concerning the RY broken into two periods (12 January to 
31 December 1974 and 1 January to 11 January 1975) should be corrected by combining them into one RY period, 12 January 1974 to 11 January 1975, as there is no evidence that the applicant was transferred to the Inactive Reserves for the 
11 day period of 1-11 January 1975 nor is it logical that such an 11 day event would have occurred considering his enrollment at the time in a USAR School.

8.  Concerning error eight, insufficient evidence has been submitted and the record does not provide information to substantiate IDT or Correspondence Course retirement points for the 2 year period of 12 January 1974 to 11 January 76.  The 
6 USAR Exam Reports for the period 19 February to 6 August 1975 do not provide any information on the number of credit hours for the courses or retirement points.

9.  With these corrections, the applicant has 20 years creditable service for retirement at age 60 but only his last five are in the Reserves.  His record should be change to show that his last 8 years were in a Reserve status as a matter of justice and by exception to authorize the applicant, who has served his country faithfully for 20 years, to receive retirement benefits at age 60.  He should then be provided a 
20 year retirement letter and afforded the opportunity to make Survivor Benefits elections.

10.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by:
	a.  changing his status from Regular Army to USAR for the period 
4 February 1956 to 11 January 1957 as a matter of justice and exception to make this period a good year towards retirement;

	b.  adding 92 ADT points to RY 12 January 1960 to 11 January 1961 to give him credit for attendance at the Parachute Packing Maintenance and Aerial Delivery Course at Fort Lee from 3 July to 2 October 1960;

	c.  adding 67 ADT points to RY 12 January 1961 to 11 January 1962 to give him credit for attendance at the 9 week Infantry Officer Candidate Reserve Component Course.

	d.  adding 28 points to RY 12 January 1963 to 11 January 1964 for 
28 days IDT not credited;

	e.  adding 13 points to the existing 25 points which will make a total of 
38 correspondence course points to RY 12 January 1973 to 11 January 1974 to provide full credit for 115 hours in completing correspondence CGSC Phase 2;

	f.  combining the periods 12 January to 31 December 1974 and 1 January to 11 January 1975 into one RY, 12 January 1974 to 11 January 1975, as USAR service; 

	g.  changing the record to show that his last 8 years of service were in a Reserve status as a matter of justice and by exception;

	h.  issuing him a 20 years letter authorizing retirement at age 60; and

	i.  prior to his placement on the retired list, provide him counseling on the Survivor Benefit Plan (SBP) and provide him with the appropriate forms to make his SBP elections within the required time frame.

2.  That so much of the application as is in excess of the foregoing be denied 

BOARD VOTE:  

__rvo___  _ew____  __svw____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Raymond V. O'Connor, Jr._____
		        CHAIRPERSON

INDEX

CASE ID	AR1999025743	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990818	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.