MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           6 October 1999                   
	DOCKET NUMBER:   AR1999026274

	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. Arthur A. Omartian		Chairperson	
	Mr. Van B. Cunningham		Member	
	Mr. Roger W. Able		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APPLICANT REQUESTS:  In effect, that he be credited with retirement points and that his discharge be rescinded.

APPLICANT STATES:  That points from 1995 and 1996 were not posted to his records and that he believes he was discharged in error.  He includes two DA Forms 1380, Record of Individual Performance of Reserve Duty Training as supporting evidence.

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

After having had prior active enlisted service, he was discharged to accept a     U. S. Army Reserve (USAR) commission on 20 February 1970 and served on active duty from that date until 15 July 1972.  He then served in the Ready Reserve until he transferred to the Army National Guard on 3 May 1980.  He was sent his notification of eligibility for retired pay at age 60 (his 20-year letter) in September 1989.  He was non-selected for retention, his Federal recognition was withdrawn on 22 April 1991 and he was transferred to the USAR.  He was involuntarily discharged from the USAR on 22 September 1997 for unsatisfactory participation.

The (original) DA Forms 1380 the applicant provides show he earned 24 retirement points between 7 September 1995 and 17 June 1996.  However, the forms are not signed by a certifying officer.

Army Regulation 140-185 prescribes the types of training for which retirement points are authorized and the procedures for recording retirement point credits for USAR soldiers.  Figure 3-1 (and the reverse of the DA Form 1380) states that the responsible officer (having knowledge of the duties performed) will sign copies forwarded to the custodian of the reservist’s field 201 file.  For nonunit soldiers, the organization preparing the form will forward the original and duplicate to the Army Reserve Personnel Center (ARPERCEN).

Army Regulation 135-91 defines Army National Guard and USAR service obligations.  In pertinent part, it states that a National Guard or USAR officer who has accrued 20 years of qualifying service for retired pay must attain 50 retirement points annually to be retained in an active status.  An officer who fails to attain 50 points by the anniversary of his retirement year ending date will be processed for removal from active status.

Title 10, U. S. Code, section 12642 states that, to be retained in an active status, a reserve commissioned officer must attain a minimum of 50 points in any applicable yearly period.  A reserve commissioned officer who fails to attain the number of points shall be transferred to the Retired Reserve if he is qualified and applies therefor.  If he is not transferred to the Retired Reserve or an inactive status, he will be discharged from his reserve appointment.
In the processing of this case, an advisory opinion was obtained from the Army Reserve Personnel Command (formerly ARPERCEN).  The opinion noted that the applicant had no qualifying years since retirement year ending 1994 and that he was discharged due to non-participation on 22 September 1997.  It also noted that the DA Forms 1380 he submitted are unusable because they are not signed by a certifying officer and, in addition, they only add up to 24 points, which is not enough to make a qualifying year (even adding in 15 membership points).

A copy of the advisory opinion was provided to the applicant for comment or rebuttal.  He did not respond within the given time frame.

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.  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 evidence of record shows the applicant’s last “good” year was in 1994. The DA Forms 1380 provided would not give him enough points to equal a “good” year even if they were properly certified.  It appears he was properly discharged for non-participation.  While it appears he was qualified for transfer to the Retired Reserve, there is no evidence to show that he requested transfer to the Retired Reserve, no explanation as to why he failed to request such transfer and the Board cannot determine from his application that he does request such transfer.  

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

__aao___  __vbc___  _rwa____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999026274	
SUFFIX		
RECON		
DATE BOARDED	19991006	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	135.02	
2.	135.03	
3.		
4.		
5.		
6.