PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  2 February 2000
	DOCKET NUMBER:   AR1999027162

	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. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Lester Echols		Member	
	Mr. James E. Anderholm		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 discharge from the USAR be revoked, that his retirement points be redistributed to qualify him with 20 years USAR service for retirement at age 60, and that he be transferred to the retired reserves.

3.  The applicant states, in effect, that at the time of his discharge, he had 18 plus years of USAR service to qualify for retirement at age 60 but this was not known at the time because his retirement point account was not correct.  When the retirement point account was corrected, it was found that he lacked one point in his last year to qualify it for the 19th good year of service.  It was unfair and unjust to discharge him so close to achieving retirement eligibility and deny him that one point.  He then would have had 19 years qualifying service and by regulation he would have been allowed to complete his 20th year and achieve eligibility for retirement at age 60.  He submits a copy of his corrected retirement point statement dated 16 September 1999.

4.  The applicant’s military records show that he enlisted in the USAR on 
17 December 1963.  He rose to the rank of E-5.  He served continuously as an enlisted member until he was discharged on 16 June 1967 to accept a commission on 17 June 1967.  He rose to the rank of Captain on 15 June 1975.  On 27 August 1983, he was discharged from the USAR for twice non-selection for promotion to the rank of Major.  His nonselection was due to not being educationally qualified in that he had not completed an officer advanced course.  His total years of service in the USAR at the time of discharge were 19 years, 
8 months, and 11 days.

5.  On review of his USAR retirement points, it was discovered that the records were incorrect and did not include most of his service as an officer.  Necessary documents were submitted and his retirement point account was corrected.  An updated retirement point statement was issued by the USAR Personnel Command on 16 September 1999 showing that of the 20 years USAR service required for retirement at age 60, he had 18 good years with 50 or more required points per year and 2 non-qualifying years with less than the required 
50 points: 37 points for the retirement year 17 December 1966 - 16 December 1967; and 49 points for the retirement year 17 December 1982 - 27 August 1983.

6.  His career service performance was satisfactory.  He completed Officer Candidate School and Infantry Officer Basic Course.  He was twice awarded the Army Reserve Components Achievement Medal and awarded the Armed Forces Reserve Medal. 

7.  Army Regulation 140 -10 provides for the assignment, transfer and separation of USAR personnel.  It states that an officer who twice fails selection for promotion to lieutenant colonel and below will be discharged unless eligible for and requests transfer to the Retired Reserve.  It also states that officers who have over 19 years of qualifying service will be retained for up to 2 additional years in order to attain 20 qualifying years.

8.  Army Regulation 135-180 provides the policy of qualifying non-regular service for retired pay.  It states that to be eligible for retired pay an individual must have completed a minimum of 20 years of qualifying service and the last 8 years must have been served in a Reserve component.

CONCLUSIONS:

1.  Due to the applicant’s retirement point account not being correct at the time of discharge, it was not then known that the applicant had over 18 years of qualifying service and would have had 19 years if he had been allowed to continue one more day which, according the AR 140-10, would qualify him to be retained for up to 2 additional years in order to attain 20 years USAR service qualifying him for retirement at age 60.  In view of this, it would be in the interest of justice and fairness to revoke his discharge order, redistribute his retirement points to make 20 good years for retirement, issue him a 20 year retirement letter (eligibility for retired pay at age 60), and transfer him to the retired reserves.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected for the individual concerned by:

	a.  revoking order 157-25, dated 24 August 1983, discharging him from the USAR;

b.  redistribute 13 retirement points from Retirement Year Ending (RYE) 16 December 1966 to RYE 16 December 1967 to make 50 points for that retirement year and a good year for retirement;

c.  redistribute 1 retirement point from Retirement Year Ending (RYE) 
16 December 1982 to RYE 27 August 1983 to make 50 points for that retirement year and a good year for retirement;

	d.  issue him a 20 year retirement letter (eligibility for retirement at age 60);

	e.  issue him a Survivor Benefit Election (SBP) letter and ensure that he receives counseling on his elections and timeliness for making his election; and

	f.  transfer him to the retired reserves.

BOARD VOTE:  

__CF___  ___LE___  ___JA___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___ Calvin M. Fowler ___
		        CHAIRPERSON

INDEX

CASE ID	AR1999027162	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000202	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR 140 –10 . . . . .  	
DISCHARGE REASON	Twice non-select for promotion	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.135.02	Retirement Points	
2.		
3.		
4.		
5.		
6.